U.S. Attorney Trini E. Ross announced Thursday that Octavio Smith, 43, of Buffalo, NY, was arrested and charged by complaint with destruction of government property, which carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney David J. Rudroff, who is handling the case, stated that according to the complaint, on November 9, 2022, Smith was observed throwing a brick at a window of the FBI Buffalo Field Office. Smith was immediately detained by on-site security personnel at the scene. The complaint further states that Smith stated to Buffalo Police Officers that he did this “get the FBI’s attention.” Federal Protective Services personnel also responded to the scene and surveyed the damage to the window, which was found to be severely cracked and needed to be replaced. The damage is estimated at approximately $5,000.
The complaint is the result of an investigation by the Federal bureau of Investigation, under the direction of Acting Special Agent-in-Charge Michael Stansbury, the Buffalo Police Department, under the direction of Commissioner Joseph Gramaglia, and the Federal Protective Services.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.