Tonawanda police officer who lied about role in 2019 crash resigns from force as part of guilty plea [The Buffalo News, N.Y.]

Nov. 18—A Town of Tonawanda police officer who admitted lying about his role in a 2019 crash has left the department as part of a plea agreement.

Police Chief James P. Stauffiger said Officer Howard M. Scholl III submitted his voluntary resignation, effective Wednesday, in a letter delivered by the president of the union that represents the town's police officers.

The resignation came one day before Scholl and his wife, Aimee, returned to Erie County Court on Thursday morning for a hearing in their long-running court case.

Howard Scholl, 38, had been charged with first-degree falsification of business records, a class E felony, and fifth-degree insurance fraud, a class A misdemeanor.

He pleaded guilty to misdemeanor falsification of business records and was sentenced by Erie County Court Judge Susan Eagan to a 12-month conditional discharge and 100 hours of community service.

When asked how he pleaded by the judge, Scholl said, "Guilty, your honor." He must complete the community service portion of his sentence within six months.

Howard Scholl also must undergo an evaluation for alcohol and substance abuse and engage in any recommended treatment.

Barry N. Covert, Howard Scholl's attorney, said his client agreed to resign as a town officer as part of a deal that included pleading guilty to a misdemeanor instead of a felony and no jail time or probation. He noted Scholl, who served in the Marines, was a highly decorated officer.

"This was his life, being a police officer," Covert said outside court.

Tonawanda Supervisor Joseph Emminger said he's satisfied the town's nearly three-year-long effort to terminate Scholl has come to an end.

"It took a lot longer than we had hoped, but we got the result that we were hoping for," Emminger told The Buffalo News.

Aimee Scholl, 36, was charged with first-degree falsification of business records. She was granted a six-month adjournment in contemplation of dismissal.

"They made a mistake and they've taken responsibility — he's taken responsibility — for the mistake," Covert said.

Asked whether the guilty plea to a misdemeanor prevented Scholl from seeking a job as an officer with another department, Covert said he didn't know. But he added he believes Scholl would, some day, like to continue serving the community as a police officer.

The charges stemmed from a Jan. 19, 2019, crash at Englewood and St. John's avenues. At 11:50 that night, the Scholls' SUV slid through a stop sign and into a vehicle that had the right of way, according to authorities. Investigating officers wrote in a report that icy conditions may have been a factor.

The Scholls, who had been driving home from a restaurant, told police Aimee Scholl was driving at the time, a claim included on the initial police report. Howard Scholl, who was off duty at the time of the crash, also made that claim when questioned by the police chief at the time.

Howard Scholl later told authorities he had been driving when the crash occurred and the department issued a corrected report 2 1/2 weeks later.

At the time of their arraignment in June 2020, prosecutors said Howard Scholl lied about who was behind the wheel in order to cover up that he was driving under the influence.

Howard Scholl had been suspended without pay for almost 2 1/2 years until this summer, when he was put back on the payroll following a ruling from the state Appellate Division's Fourth Department.

The court also ordered the town to remit Scholl back pay, a sum of roughly $220,000.

The Scholls attended a party for members of the town police department's SWAT team at Sinatra's Restaurant on Kenmore Avenue before the crash. Police gave Aimee Scholl a field sobriety test, which showed she was not intoxicated, but did not test Howard Scholl at the scene.

Responding officers also allowed Aimee Scholl to drive home in a damaged vehicle with deployed air bags. Officers who handled the initial investigation, including the supervisor on the scene, were disciplined in the weeks following the incident.

In the months following the crash, then-Police Chief Jerome C. Uschold III resigned under pressure from town officials dissatisfied with his handling of the incident, though Uschold defended his response to the crash.

"It was not a proud chapter of our 101-year history of our Town of Tonawanda Police Department, but we're putting it behind us," Emminger said.

Scholl is the second officer to leave the department under a cloud in the past two weeks. The Tonawanda Town Board last week terminated Officer Michael Lewandowski, who had been suspended four times since 2017.

"We will move forward with the great police officers that we have," Emminger said. "It's a good day for the Town of Tonawanda that this case and the other case have been resolved."

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