Hiram R. Rivera

Erie County District Attorney John J. Flynn has announced that 44-year-old Hiram R. Rivera of Dunkirk was sentenced Thursday before Acting State Supreme Court Justice Debra Givens to a determinate sentence of 7 years in prison followed by 5 years of post-release supervision. He was sentenced as a second violent felony offender.

On the afternoon of June 8, 2021, the defendant and another individual were at the female victim’s home in the village of Silver Creek. The defendant was being sought by law enforcement in connection with a crime that occurred earlier that morning in Chautauqua County. When the victim told the defendant that police were searching for him, the defendant attempted to abduct the victim by forcing her at gunpoint out of her apartment and into her vehicle. The defendant, while sitting in the rear seat, placed the victim in the front passenger seat as the other individual drove the victim’s vehicle.

At approximately 3:20 p.m., a New York State trooper attempted to stop the vehicle, but the driver continued at a high-rate of speed for nearly 10 miles before crashing into the rear end of another vehicle on Route 438 near Versailles Plank Road in the town of Collins.

After the collision, the defendant dragged the female victim out of the vehicle while armed with a hammer and what appeared to be a pistol. The defendant attempted to hold the victim against her will in a nearby wooded area while armed with the weapons. After nearly three hours of hostage negotiations, the defendant surrendered and the victim was unharmed. Investigators recovered a pellet gun after the defendant was taken into custody.

Rivera pleaded guilty to one count of second-degree attempted kidnapping (Class “C” violent felony) on April 27. His sentence for his conviction in Erie County will be served consecutive to his sentence for his conviction in Chautauqua County.

A final order of protection was issued today on behalf of the victim, which remains in effect until 2037.

DA Flynn commends the New York State Police, Erie County Sheriff’s Office and the Seneca Nation of Indians Marshal’s Office for their work in the investigation.

The case was prosecuted by Assistant District Attorney David M. Zak of the Felony Trials Bureau and Assistant District Attorney Meredith M. Mohun of the Special Victims/Domestic Violence Bureau.