Buffalo man accused of threatening employees of Elmwood Ave. Tops

BUFFALO, N.Y. (WIVB) — A Buffalo man will be back in court on Wednesday after authorities say he possessed heroin and threatened employees at the Tops on Elmwood Avenue.

Around 3:15 p.m., the Erie County District Attorney’s Office says a store manager asked Andrew Marsh, 33, to leave after he allegedly harassed another customer.

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“The defendant allegedly made a threat, with the intent to intimidate or coerce that created a reasonable expectation of fear, toward the manager and two employees that referenced the shooting that occurred at Tops Friendly Markets on Jefferson Avenue,” the District Attorney’s Office said.

Marsh was charged with making a terroristic threat. The suspected heroin authorities say was found in his pants pocket also led to a misdemeanor charge of criminal possession of a controlled substance.

Prosecutors asked for Marsh to be held pending the results of a forensic examination, but this request was denied. He was subsequently released on his own recognizance.

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“This defendant is accused of threatening employees at another supermarket while we continue to investigate this horrific shooting and grieve this tragedy,” District Attorney John Flynn said. “Again, I remind all that any threat will be thoroughly investigated and prosecuted to the fullest extent of the law.”

No-contact orders of protection have been issued on behalf of the victims. Marsh is also not allowed back in the Elmwood Avenue Tops.

If he’s convicted of the charges against him, Marsh could spend up to seven years in prison.