Niagara Gazette

Local News

December 2, 2011

Falls police officer convicted of assaulting female

CITY OF TONAWANDA — A Falls cop, accused of assault in a domestic violence incident, has been convicted after a two-day trial in City of Tonawanda Court.

Judge Mark Saltarelli found Officer Henry Walerowicz guilty of third-degree assault. He had been accused of punching, his then girlfriend in the face during an incident on May 15.

Walerowicz, 40, a three-year veteran of the Falls Police force, denied hitting the woman as he dropped her off at her city of Tonawanda apartment.

The victim, whose story had changed several times, said Walerowicz struck her during an argument over their relationship.

In handing down his decision, Saltarelli said, “This case is not an easy (case).”

Testimony in the case showed Walerowicz was involved in an intimate relationship with the victim at the same time he was seeing another woman that he has a child with, while also divorcing a third woman.

“This is a case about a woman’s scorn,” defense attorney Michelle Bergevin said during her closing argument, adding that the victim was seeking revenge. “This woman made it up.”

Medical records showed the victim suffered a concussion and had a bruise to her face.

Erie County Assistant District Attorney Lauren Williamson called Walerowicz “a liar.”

Saltarelli said he was troubled by the “characters” of both Walerowicz and his ex-girlfriend. The judge also said he didn’t put much weight on the “reality TV” aspects of the case.

Instead, Saltarelli said he made his decision based on whether the woman was hit and whether she sustained an injury.

The judge said Walerowicz had to be held to a “higher standard” because he is a police officer.

Walerowicz said nothing as Saltarelli handed down his verdict.

The victim originally contacted Falls Police about the assault.

“We were aware of the victim and her complaint,” Falls Police Superintendent John Chella said. “We turned the matter over to the Niagara County District Attorney’s Office and they determined it happened in Erie County (and referred it to the DA there).”

Chella said Walerowicz was not on duty at the time of the incident.

Walerowicz has been on paid administrative leave pending the outcome of the case. Chella said that status is now likely to change.

“I’ll be meeting with the corporation counsel Monday and we will be exploring termination (of Walerowicz),” Chella said.

Walerowicz had a criminal arrest prior to being hired by the Falls Police. The incident took place in Lackawanna and was quickly resolved and then sealed.

He is the second Falls officer to be found guilty of domestic violence charges in this year. Officer Mark Feldhousen was convicted in May on a charge of third-degree assault and sentenced to three years probation.

In October, Feldhousen was accused of violating the terms of his probation for having booze and ammunition in his home during a visit by Niagara County probation officers.

 

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