Executive Summary
- Mark Whalen sentenced to 10-20 years in Erie County for a fatal hit-and-run.
- Victim Terrence Wyatt was killed while crossing the street in Tonawanda on Nov. 11, 2024.
- Judge and victim’s widow condemned Whalen for fleeing the scene after the collision.
- Whalen faces a concurrent 18-year sentence in Niagara County for related charges.
A Hamburg, New York, man was sentenced to 10 to 20 years in prison in Erie County Court regarding a multi-jurisdictional reckless driving rampage that resulted in the death of a pedestrian in Tonawanda. Mark Whalen, who pleaded guilty to manslaughter and leaving the scene of a fatal accident, received the maximum sentence allowed as a second felony offender for the November 11, 2024, incident that claimed the life of 40-year-old Terrence Wyatt.
According to prosecutors, the sequence of events began in the Town of Evans and escalated after Whalen was involved in a minor collision in the Town of Tonawanda. Following the initial crash, Whalen fled the scene and was pursued by the other driver. During this high-speed flight through multiple municipalities, Whalen struck Wyatt, who was crossing Delaware Street, and continued driving without stopping. The spree eventually concluded in North Tonawanda in Niagara County.
During the sentencing hearing, Robin Wyatt, the victim’s widow, delivered a victim impact statement characterizing Whalen as a coward for fleeing the scene. “He kept running, even after he killed Terrence, not stopping once to look back and think about what he just did,” she stated. Judge Sheila DiTullio echoed these sentiments from the bench, noting that Whalen fled from both police and civilians. “You kept running and driving even after killing Terrence,” Judge DiTullio remarked.
When addressed by the court, Whalen stated, “I made a wrong decision. I was in fear for my life, and I’m going to have to live with it for the foreseeable future.” He offered condolences to the victim’s family only after being specifically asked by the judge if he wished to apologize.
Judicial Sentencing Structure
The conclusion of the Erie County case represents only one phase of the legal consequences facing the defendant. Defense attorney James Maloney indicated that Whalen faces an additional sentencing hearing in Niagara County, where he has also pleaded guilty to related charges. Whalen is expected to receive an 18-year sentence in that jurisdiction, which will run concurrently with the Erie County term. Consequently, the Niagara County sentence will likely determine the ultimate duration of his incarceration.
