A Buffalo man is facing a federal charge after authorities say he threw a brick through a window at the FBI Buffalo Field Office for the second time in less than four years.
U.S. Attorney Michael DiGiacomo announced that 47-year-old Octavio Smith has been charged by criminal complaint with depredation of government property. The misdemeanor offense carries a maximum penalty of one year in federal prison.
According to the criminal complaint, Smith allegedly threw a brick at a window of the FBI Buffalo Field Office on June 25, 2026. He was immediately detained by on-site security personnel before being arrested by the Buffalo Police Department on a criminal mischief charge.
Federal prosecutors said the incident was similar to one involving Smith in November 2022. During that case, authorities allege Smith threw a brick through a window at the FBI building and was detained by security personnel. When Buffalo police arrived, Smith reportedly said he wanted to speak with the FBI and threw the brick to “get the FBI’s attention.” Prosecutors also allege he later told FBI agents, “I’m a threat.”
Smith was charged with depredation of government property following the 2022 incident, but that case was later dismissed with prejudice.
Smith made his initial appearance Thursday afternoon before U.S. Magistrate Judge H. Kenneth Schroeder Jr., who ordered him detained pending further proceedings.
Assistant U.S. Attorney Douglas A. C. Penrose is prosecuting the case, which was investigated by the Federal Bureau of Investigation under the direction of Special Agent-in-Charge Allen D. Davis II, along with the Buffalo Police Department under Commissioner Erika Shields.
