Buffalo man arrested, charged with throwing a brick at the window of the FBI

BUFFALO, N.Y.-U.S. Attorney Michael DiGiacomo announced today that Octavio Smith, 47, of Buffalo, NY, was arrested and charged by criminal complaint with depredation of government property, which carries a maximum penalty of one year in prison.

According to the criminal complaint, in November 2022, Smith threw a brick at a window of the FBI Buffalo Field Office and was immediately detained by on-site security personnel. When Buffalo Police officers arrived, Smith stated that he wanted to talk to the FBI and that he did this to "get the FBI's attention." Smith was taken into custody and told FBI agents "I'm a threat." He was charged with depredation of government property, which was ultimately dismissed with prejudice.

On June 25, 2026, Smith again was observed throwing a brick at a window of the FBI Building and was detained. He was initially arrested by Buffalo Police officers and charged with mischief.

Smith made an initial appearance this afternoon before U.S. Magistrate Judge H. Kenneth Schroeder, Jr. and was detained.

The case is being prosecuted by Assistant U.S. Attorney Douglas A.C. Penrose. The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Allen D. Davis II, and the Buffalo Police Department, under the direction of Commissioner Erika Shields.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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