2nd man convicted in Ellicott Creek boating death

Nov 15, 2016

A City of Tonawanda man has been found guilty in the boating death of 16-year-old Avery Gardner of Lockport.

A jury convicted 51-year-old Timothy Wisniewski of criminally negligent homicide, two counts of operating a vessel while under the influence of alcohol, endangering the welfare of a child and unlawful possession of marihuana stemming from the June 2015 boat crash on Ellicott Creek that claimed Gardner's life.

Wisniewski is the second person to be found guilty in the case. He owned the boat and was riding in it at the time of Garner's death.

Authorities say 17-year-old Gregory Green of North Tonawanda was intoxicated, under the influence of marijuana and driving the boat at a high rate of speed when it approached a footbridge. As the boat traveled under the footbridge, Garner hit her head and died from the impact.

Green pleaded guilty in May to criminally negligent homicide and vehicular manslaughter for his role in the boat crash. He will be sentenced December 8 before Erie County Court Judge Sheila A. DiTullio.

Wisniewski will be sentenced January 17 before DiTullio.