North Tonawanda city attorney still on job after DWI arrest
Just after 7 p.m. Nov. 25, a North Tonawanda police officer approached a driver accused of backing into a parked pickup truck and asked him to produce his driver’s license and vehicle registration.
As the motorist reached into his truck he revealed he had been at Dwyer’s Irish Pub, the popular Webster Street tavern, that evening before he disclosed something more notable.
Video recorded by North Tonawanda Police Officer Brandon Sveda and provided by the North Tonawanda Police Department shows North Tonawanda City attorney Edward A. Zebulske III identifying himself to police officers. The video was recorded during a stop and subsequent DWI arrest of Zebulske.
“I’m the city attorney,” said the driver, Edward A. Zebulske III. “I don’t know if you – you don’t know me. I don’t know a lot of you new guys.”
“Yeah, I’m a new guy,” Officer Brandon Sveda replied.
This exchange was recorded on the officer’s body-worn camera, and the footage was among the records provided to The Buffalo News by city police in response to a Freedom of Information Law request.
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Zebulske, the elected North Tonawanda city attorney, was arrested that night and charged with driving while intoxicated and unsafe backing. He did not respond Friday to messages seeking comment.
He told officers he consumed two beers over four hours, but refused to submit to breath and chemical tests to capture his blood-alcohol levels, the body-camera recordings show.
Police Chief Keith Glass acknowledged the sensitivity of taking a city official into custody and praised his officers’ performance.
“I thought they were absolutely professional,” Glass said.
Given Zebulske’s status, the Niagara County District attorney’s Office has recused itself and the Orleans County District attorney’s Office will prosecute the charges.
Zebulske continues to serve as a part-time assistant Niagara County public defender. And he remains in his City Hall post because, as the elected city attorney, no one else in city government can force him to resign or to take a leave of absence, Mayor Austin Tylec said.
“It’s solely up to him,” Tylec said.
Zebulske’s arrest was previously reported by other media outlets. But body-camera footage released to The News on Friday provides the fullest picture yet of what happened that evening.
It was about 7 p.m. on the Saturday after Thanksgiving when, according to police records, someone saw a GMC Denali pickup truck back out of a spot on Webster and bump into a Chevrolet Silverado pickup parked across the street.
Zebulske, the Denali’s operator, drove off partway down the street before two witnesses flagged him down. He told officers he didn’t realize he had hit anything until the people yelled at him to stop.
Zebulske was cooperative with the responding officers. He said he had left Dwyer’s and was heading home after drinking two beers over the course of the late afternoon and early evening.
North Tonawanda Police Officer Bryan Warren prepares to give a field-sobriety test to Edward A. Zebulske III, the city attorney, prior to his arrest on a DWI charge on Nov. 25. This is a screenshot of body-worn camera footage recorded by another officer that evening.
He agreed to perform one sobriety test, standing still with his arms at his sides and attempting to follow with his eyes as Officer Bryan Warren held his pen aloft and moved it from side to side.
North Tonawanda City attorney Edward A. Zebulske III declines to take a “walk and turn” test while interacting with North Tonawanda Officer Police Officer Bryan Warren on Warren’s body camera footage provided by the North Tonawanda Police Department. The video was recorded during a stop and subsequent DWI arrest of Zebulske.
However, Zebulske balked at performing the “walk and turn” test.
“I can’t walk and turn when I haven’t had anything to drink,” he said, noting he has “two fake hips.”
The DWI charge is based on the officer’s observations at the scene, including Zebulske’s performance in the one sobriety test he underwent, Glass told The News.
Police did not request a blood draw – a step reserved for DWI cases where someone was seriously injured or killed, according to the police chief – so Zebulske’s blood-alcohol level at the time is unknown.
No one was hurt in the crash that caused slight damage to both trucks.
Zebulske was not captured on camera requesting special consideration from the officers.
But, in addition to identifying himself as the North Tonawanda city attorney, he did at another point ask about Warren’s body-worn camera.
“Hey, hey, is that body camera on?” said Zebulske, standing behind his truck as he looked down at the officer’s chest.
“My body camera’s gonna stay on, alright?” Warren replied. “I’m in this position now. I have to do what I have to do.”
“I appreciate that,” Zebulske said. “Knowing my job, I appreciate that.”
He also asked for the name of Warren’s lieutenant. “Right now, it’s irrelevant,” Warren responded, before steering Zebulske toward the field-sobriety test.
Glass said a lieutenant did show up to the scene later, but this is not unusual.
Edward A. Zebulske III is shown seated at North Tonawanda Police Headquarters following his DWI arrest on Nov. 25, in this screenshot taken from police body-worn camera footage. Zebulske, the city attorney, refused to submit to a chemical test to check his blood-alcohol level.
Zebulske was placed in handcuffs – “There’s a first time for everything,” he said – and taken to Police Headquarters for booking.
Later, a supervisor alerted Glass to Zebulske’s arrest and Glass, in turn, told the mayor what had happened.
Tylec, who said he’s glad no one was injured, urged Glass to make sure city police couldn’t be accused of favoritism in their treatment of Zebulske.
“I had said to him, basically, this is a sensitive situation,” Tylec recalled. “I need you to go into the station and just make sure all of our I’s are dotted, our T’s are crossed.”
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Edward A. Zebulske III, 52, a Republican, said he will run for the three years left on the unexpired term in this November’s election. He also will seek the Conservative endorsement.
Zebulske was appointed city attorney in January 2022, after the previous city attorney resigned to become a City Court judge, and he was elected that November to fill the three years remaining on his predecessor’s term.
North Tonawanda is one of the few municipalities in the state that elects its city attorney, a status that remains intact after city voters last month rejected a ballot measure that would have made the job an appointed post.
As a result, neither the mayor nor the Common Council can force Zebulske to step down.
Tylec said he saw Zebulske at City Hall the Monday after his arrest and he attended the following Common Council meeting.
Similarly, Zebulske can continue in his part-time role with the county Public Defender’s Office because the county’s human resources division determined he is “able to fulfill all of his work obligations,” Niagara County spokesman Kevin Schuler said.
Niagara County prosecutors cited the potential conflict of interest in asking the Orleans County District attorney’s Office to prosecute Zebulske.
Orleans County DA Joseph Cardone said the case is pending transfer from North Tonawanda City Court to Niagara Falls City Court and he is awaiting the scheduling of an initial hearing.
Zebulske will be treated the same as any other DWI defendant, Cardone said.
“We want to do what’s fair – to him and to the community,” he said.
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