Niagara Gazette

Local News

February 16, 2012

Falls cop gets probation in Tonawanda domestic case

CITY OF TONAWANDA — A Niagara Falls Police officer avoided jail time at sentencing in Tonawanda City Court on Wednesday morning following a domestic assault conviction.

Henry J. Walerowicz, 40, of Niagara Falls, will instead face three years of probation and a five-year order of protection against his former girlfriend, following a conviction last year for striking her in the face in May. He also will not be allowed to possess fire arms.

The three-year veteran of the Falls police force, was found guilty following a bench trial in December of third-degree assault by Judge Mark Saltarelli, who also handed down the sentencing.

Walerowicz remains on paid administrative leave from the Falls force pending a possible appeal of Saltarelli’s decision. His defense attorney, Michele Bergevin, could not be reached for comment to confirm whether her client will be seeking an appeal.

Walerowicz has a history of criminal charges prior to his tenure with the department, including an incident in Lackawanna that has since been sealed.

At the time of the more recent domestic incident, Walerowicz was involved in a romantic relationship with two women, including the victim, who changed the details of how the assault occurred several times during the non-jury trial, but said Walerowicz struck her in the face during an argument about their relationship.

Bergevin attempted to frame the episode as a fabricated story used for revenge, saying the victim had, just prior to the incident, found out about the other woman and was trying to get even.

“This is a case about a woman’s scorn,” Bergevin said during the trial.

In the end, however, the verdict came down to Saltarelli’s belief that Walerowicz did punch the victim, which was backed up by a photo presented by prosecutors during the trial showing the victim with a bruised eye.

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