The man accused of driving a car through the front window of the Bottoms Up nightclub in downtown Buffalo last August now faces two counts of attempted murder in that incident. Najeeb Jackson entered a not guilty plea to the new counts Friday morning.
Jackson, joined by his attorney Michael D'Amico, stood before Erie County Court Judge Susan Eagan, who allowed the defendant to remain free on $50,000 bail. He originally faced assault charges in the early August incident but Erie County District Attorney John Flynn later brought more serious charges to a grand jury.
"After reviewing the video, and after speaking to the witnesses, and after doing a full investigation on this matter, I believe the charges warranted an upgrade," Flynn said. "That's why he is being charged with two counts of attempted murder."
Flynn says while he won't preview his case before it goes to trial, there is good quality video from both inside the bar and outside the establishment. According to the criminal complaint, Jackson and a group of women got involved in a confrontation inside Bottoms Up in the early morning of August 4. After being removed from the bar, Jackson got into another confrontation and, the District Attorney alleges, later walked to his car and drove it into the front entrance of the business, striking two bouncers.
One of those bouncers, Flynn explained, then pulled out a handgun for which he had a legal permit and fired shots through the grille of the auto.
Jackson's attorney, Michael D'Amico, questioned why others including the bouncers face no charges.
"That's interesting, because there was gunshots fired. He was beat up," D'Amico said. "He was assaulted on multiple occasions by people at the bar. That's also something that's going to be played out as we go forward."
Flynn suggests that video shows the bouncer who fired the gunshots did not act illegally.
Jackson remains free on $50,000 bail, posted after his initial assault charge. D'Amico explained to Judge Eagan that his client has appeared at all scheduled meetings and, because he is caring for an ailing relative, does not pose a flight risk. The judge allowed Jackson to remain free on the condition he does not return to the vicinity of Bottoms Up nor have any contact with witnesses.
If convicted of the more serious charges, Jackson faces a minimum 25 years in prison. His next pre-trial hearing is scheduled for January 15. The trial is tentatively set to begin in April.
