NORTH TONAWANDA, N.Y. (WIVB) – An Erie County Sheriff’s deputy was arrested on Memorial Day after an alleged domestic dispute at his home with his teenage son.

Deputy Marc Scarpace was arrested on charges of assault in the third degree, menacing in the second degree, and criminal possession of a weapon in the fourth degree. Initially, Scarpace was charged with criminal possession of a weapon in the second degree, a felony, but this charge was dropped. Scarpace faces three misdemeanors.

According to defense attorney Peter Todoro, who is representing Scarpace, an altercation happened between Scarpace and his 17-year-old son, in which Scarpace’s son, picked up an unloaded 12-gauge shotgun.

Todoro says Scarpace took the gun away from his son to confirm that the gun was unloaded and that Scarpace’s son was never at risk. Todoro says prior to the incident, Scarpace was grilling in the backyard.

Scarpace, who has already been arraigned, pleaded not guilty.

Todoro says Scarpace is a veteran of the ECSO, with more than a decade of experience.

North Tonawanda Police say they can’t talk about the alleged incident, because of a departmental policy of not talking about domestic incidents.

A spokesperson for the Erie County Sheriff’s Office released a statement saying:

“The Sheriff’s Office was notified of his arrest, and Sheriff Garcia placed Mr. Scarpace on immediate Administrative Leave without pay. The Professional Standards Division is leading the administrative investigation. However, you will have to contact the arresting agency about the criminal investigation.
The Sheriff’s Office is bound by collective bargaining agreements for employee discipline matters.”

According to the Teamsters Local 264 website, Scarpace is a trustee for the union. Scarpace is due back in court on June 29.

Jeff Preval is an award-winning anchor and reporter who joined the News 4 team in December 2021. See more of his work here.