Lockport man acquitted of hate crimes, guilty of menacing in North Buffalo crash

Mar. 6--The Lockport man charged with two hate crimes in connection with a traffic accident in North Buffalo last summer has been acquitted of all charges except misdemeanor menacing.

A jury in Erie County Court on Friday found Jeffrey L. Calhoun not guilty of four felonies: unlawful imprisonment and menacing, both as hate crimes; unlawful imprisonment; and impersonating an officer. He was also found not guilty of misdemeanor assault.

Calhoun, 63, was accused of using a racial slur and brandishing a pistol during a physical confrontation with a black woman following a minor traffic accident on Colvin Avenue near Sanders Road on July 19, 2019.

Calhoun, who is white, was indicted in August on the hate crimes and other charges. On the witness stand, he denied using a racial slur.

"The jury was very diligent. They were very dedicated. They were very thorough in their work and they came back with a decision that appears to be a fair decision based on everything," Daniel J. Henry Jr., Calhoun's defense attorney, said. "And Mr. Calhoun is very relieved that this is over. He's a very good person, very good, good family, a good community person and he's very relieved that this is over."

Henry said Calhoun, in hindsight, probably regrets pulling out his pistol.

"But never, ever did he intend to use that or to harm anyone," Henry said.

Calhoun declined comment after the verdict was announced.

The victim, Jeanneie Muhammad, 54, testified she thought she could get shot during the incident, much of which was captured on cellphone video by a bystander. The video was shown to the jury several times during the trial before State Supreme Court Justice Christopher J. Burns.

Testimony in the trial began Tuesday morning and the jury of eight women and four men began deliberating Wednesday afternoon.

Prosecutors described Calhoun as "dripping with anger" after his pickup was rear-ended. They argued his response was disproportionate to the "fender bender" that occured and that Calhoun must have been motivated by racial animus because there was no other possible reason for it.

Justin Wallens and Sean Bunny, the assistant district attorneys who prosecuted the case, alleged Calhoun told Muhammad when he first approached her vehicle he thought she probably didn't have any insurance for the car she was driving that day.

Calhoun, who has a pistol permit that legally allows him to carry a concealed firearm, testified he pulled Muhammad's keys from her car's ignition because he believed she may try to leave the scene. He grabbed onto her purse because he said he wanted to hold her there until police arrived. He also told the jury he became scared for his life when several other people gathered around him and Muhammad, some were yelling at him and he was punched in the face.

He said he removed his gun from its holster because he felt something hit it and he thought someone may try to grab it from him. He never "pointed" the gun at anyone, but was merely showing it to those gathered, he told the jury.

Henry, Calhoun's defense attorney, argued his client was allowed to try to keep Muhammad at the scene if he believed she committed an offense -- akin to what would be commonly be referred to as a "citizen's arrest." Muhammad was driving without a license and was following his vehicle too closely, he said.

Muhammad had a suspended driver's license at the time of the incident. She was driving a car registered to her husband and the vehicle was insured.

Muhammad told the jury Calhoun used a racial slur while he was sitting in the back of a Buffalo police car. A Buffalo police officer testified he was within earshot of Calhoun the entire time he was at the scene and he did not hear Calhoun use a racial slur.

Muhammad was not in court for the verdict.

Sentencing was scheduled for May 26. Calhoun faces up to a year in jail.

Watch video of part of the incident captured by a bystander:

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