Driver sentenced for recklessly causing death of pedestrian after firing shots at another motorist

Submitted by the Erie County District Attorney’s Office

Erie County District Attorney John J. Flynn announced 23-year-old Marlon D. Servance Jr. of Buffalo was sentenced this morning before State Supreme Court Justice Debra Givens to four to 12 years in prison.

On Tuesday, May 23, 2023, at approximately 9:43 p.m., the defendant unlawfully used a firearm against another person by intentionally firing multiple shots from an illegal handgun at the victim. The crime occurred while both the defendant and the victim were driving separate vehicles on Jefferson Avenue and Best Street in the City of Buffalo.

The defendant’s unlawful actions caused the victim to drive recklessly as he continued to pursue the victim onto Main Street. A pedestrian was subsequently hit by the victim’s vehicle on Main Street near West Utica Street. The defendant’s actions recklessly resulted in the death of the pedestrian, 58-year-old Clara “Claire” Gomez, who was pronounced dead at the scene.

Servance pleaded guilty to one count of manslaughter in the second degree and one count of criminal possession of a weapon in the second degree (class “C” felony), the highest sustainable charges, on Aug. 4, 2023. His driver’s license was revoked as part of his sentence.

DA Flynn commends the Buffalo Police Department accident investigation unit for its work in this investigation.

The case was prosecuted by Assistant District Attorney Frank A. Strano and Assistant District Attorney Noha A. Elnakib of the major crimes unit.