BUFFALO, N.Y. (WIVB) — Erie County Sheriff John Garcia’s promise to improve transparency has not led to significant changes in how the department handles requests for public records.
On Aug. 19, News 4 Investigates filed a Freedom of Information law request for the internal affairs investigation file for the sheriff’s chief of narcotics, Daniel “D.J.” Granville, who, in April 2024, crashed a county-owned 2016 Dodge truck into six vehicles, damaging seven, on two different streets in Buffalo’s West Side.
Granville left the scene of the crashes, which caused more than $60,000 in vehicle damage claims, some of which were paid by county taxpayers.
On Tuesday, Neil Held, who handles FOIL requests for the sheriff’s office and is the head of the professional standards and training divisions, denied the request, saying it “may interfere with the ongoing criminal investigation being conducted by the Niagara County District Attorney Brian Seaman…”
But the Niagara County District Attorney’s Office confirmed its investigation of Granville ended on Aug. 15, when he pleaded guilty to reckless driving and leaving the scene of an accident. Granville must serve 50 hours of community service and pay a $600 fine.
In addition, Garcia said in a prepared statement on Aug. 19 that the sheriff’s office concluded its internal investigation of Granville, which resulted in a 30-day unpaid suspension. Granville retained his job.
While the incident happened on April 11, 2024, it was not made public until in March of this year, when a local investigative journalism nonprofit broke the story.
The only active investigation by the Niagara County District Attorney involves five Buffalo Police officers, who responded to or had some involvement in the Granville incident. One of the five officers is Granville’s sister-in-law. All five officers remain on paid suspension.
Niagara County District Attorney Brian Seaman, the special prosecutors to avoid conflicts with the Erie County District Attorney’s Office, said Buffalo officers refused to cooperate with the investigation.
The incident and how police handled it sparked criticism of the lack of transparency from the sheriff’s office and Buffalo Police Department. Most of the criticism targeted the sheriff’s office.
“We have to get better, OK?” Garcia said earlier this year at a press conference when asked about the office’s common practice of denying open records requests.
On Thursday, the majority caucus of Democrats and County Comptroller Kevin Hardwick, said during a press conference that they have made numerous attempts to have Gov. Kathy Hochul call for an investigation by the state attorney general. They planned to send new requests by letter to the governor, who has yet to provide a firm answer.
As a result, Hardwick said the public’s trust is eroding.
“That’s 11 months that a cover-up went on,” Hardwick said. “It was an effective cover-up.”
On Thursday, Garcia sent another prepared statement that it would be surprising to him if the governor would direct the attorney general to “usurp this case from the court-appointed special prosecutor, who is in the midst of an ongoing investigation into this matter.”
“Any suggestion that my administration participated in a coverup is patently false,” Garcia said.
Some answers trickled in at Granville’s court appearance in August when he pleaded guilty.
Granville’s attorney, Terry Connors, said Granville was struggling with personal problems related to the stress of his job, and was prescribed new medicine that may have played a role in the crashes. Neither Granville nor Connors said the incident involved alcohol consumption, and Buffalo police did not conduct sobriety tests.
Connors also said Granville was willing to pay restitution for the damage claims, but Hardwick said no agreement has been reached. Connors said Thursday that they are close to an agreement for Granville to pay full restitution through a payment plan.
News 4 Investigates requested the internal affairs investigative documents for Granville on the same day Garcia announced they concluded their internal investigation.
When asked for comment about this most recent FOIL denial, a spokesman for the sheriff’s office said: “The reason for the denial is clearly stated in the letter. I welcome you to formulate your argument in an appeal…”
News 4 Investigates has appealed the denial.
Other reporters have requested any the personnel file for Granville, which the sheriff’s office also refused to release.
Paul Wolf, a local attorney and former president of the New York Coalition for Open Government, said the sheriff’s has no valid reason to withhold the documents.
“This whole Granville saga has just been one bogus excuse after another,” Wolf said.
“Your request should be honored,” Wolf said. “He had plead guilty to any charges filed against him, so that concludes the matter. He’s no longer being investigated. It’s done.”
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Dan Telvock is an award-winning investigative producer and reporter who has been part of the News 4 team since 2018. See more of his work here and follow him on Twitter.
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