NOTE: the Niagara Action wants to be clear that David Fingerlow, Jr., was acting in the manner of a Facebook moderator on two groups owned by our publication, which includes the ‘A True Public North Tonawanda' Facebook Page’ and ‘North Tonawanda Action’ Page.
When Niagara Action became aware of the criminal investigation against Fingerlow, which commenced on February 20th, we made the decision to terminate that relationship and he was removed as an administrator on those group pages. Fingerlow has never had anything to do with the Niagara Action website, nor has he written, or contributed to writing, any articles posted there.
We are not here to defend or attack him. Niagara Action, and our writers, pride ourselves on investigative journalism stories that are not reported in any of Western New York’s legacy media outlets. Our goal is to get to the truth.
We cannot overlook this story. It would not be right to investigate others and ignore allegations involving someone who was assisting Niagara Action with moderating two community pages on Facebook, who is accused of serious crimes.
If Fingerlow is guilty or innocent, we will report exactly what is discovered. There will be no mercy, no favoritism, and no pandering to a political ideology. This is investigative journalism seeking only to uncover the truth about allegations of sexual abuse and endangering the welfare of a child.
There is no aspect of this investigation off limits. Fingerlow’s status in the community and freedom is at stake. Conversely, there is a young girl who made alarming allegations against her father. Her decision in coming forward shows tremendous courage.
If Fingerlow is innocent, he deserves to be exonerated. If he's guilty, he must be exposed to prevent future reoffending. In any event, our readers and the community as a whole have the right to be informed of Fingerlow’s charges.
We do not know who is telling the truth. We have no bias.
You will read facts and case information here that has not been reported elsewhere.
This is the introductory article into a series about the criminal charges alleging endangering the welfare of a child and sexual abuse against David Fingerlow, Jr.. As of today, Fingerlow has not been indicted, which would result in the case being transferred to Niagara County Court. It is currently being heard in North Tonawanda City Court.
The defendant is well-known in the North Tonawanda community. He was President of the North Tonawanda North Little League (“NTNLL”), coached baseball for North Tonawanda High School (2 years), and worked for the Department of Public Works for more than 15 years.
Fingerlow has four children, ages 16, twins aged 12, and a 4-year-old. He lives in North Tonawanda with them.
On February 20th, the North Tonawanda Police Department (“NTPD”) started an investigation into Fingerlow for inappropriate sexual contact against a minor after a complaint was made to a North Tonawanda Middle School guidance counselor. Child Protective Services (“CPS”) also became involved on the same day.
The allegation of inappropriate sexual contact was made by Fingerlow’s 12-year-old daughter (“complainant”).
In her initial written and sworn statement dated February 24th, the complainant clearly alleged that on a single occasion she woke up to her dad touching her buttocks underneath her pajama pants. She specified later in the written statement that Fingerlow touched her butt crack as well. During the question-and-answer portion of the same written statement, which was conducted by NTPD Detective Michelle Day and Yanni Malamas, she stated Fingerlow touched her only once. There was no date provided.
Throughout the course of the 26-day investigation leading up to Fingerlow’s arrest on March 17th, NTPD did the following:
Interviewed/spoke with the complainant at North Tonawanda Middle School 5+ times.
Interviewed/spoke with Fingerlow’s 12-year-old son at North Tonawanada Middle School.
Interviewed/spoke with Fingerlow’s 16-year-old son at North Tonawanda High School.
Visited Fingerlow’s home on at least three occasions where he voluntarily talked with them about the allegations.
Spoke with the complainant’s classmate who she disclosed the alleged sexual abuse to.
Spoke to the complainant’s classmate’s mother who reported the alleged sexual abuse to North Tonawanda Middle School.
Spoke to the complainant’s North Tonawanda Middle School guidance counselor.
Picked up the complainant from school and drove her to the Child Advocacy Center (“CAC”) for a forensic interview. Detectives Day and Malalas then drove the child to McDonald’s after the forensic interview before heading back to police headquarters.
Facilitated, with CPS, Fingerlow’s 16 and 12-year-old sons to be forensically interviewed at the CAC.
Conducted welfare checks on Fingerlow’s home.
Coordinated with CPS.
Upon reviewing all charging documents and sworn statements, there was no physical evidence collected by NTPD or witness accounts to any of the conduct alleged. There was no previous disclosure made prior to February 20th.
At no point did CPS initiate an Article 10 proceeding to remove the complainant from Fingerlow's care. As of today, Fingerlow's other children remain in his care. It should also be noted that Fingerlow signed consent forms for all three of his children to be forensically evaluated at the CAC.
On March 18th, while Fingerlow was in custody and appearing before Judge Sean Nickerson in North Tonawanda City Court, the complainant signed a second, typed, statement prepared by Detectives Day and Malamas. This statement contained details and allegations not included in the first statement.
Specifically, the complainant alleged the following:
(1) She alleged waking up in the middle of the night to find Fingerlow’s hand down her pants. His hand was on her buttocks. He was rubbing it and wanted her to turn over. He then asked her if she wanted to flip over so he could try the front. She walked out of the bedroom. This occurred between September 1st, 2024 and winter break. (2) She alleged that Fingerlow is always touching her buttocks and that this occurred between January and February of 2025. (3) She alleged that Fingerlow watched her shower two or three years ago on a single occasion.
Fingerlow was charged with one count of Sexual Abuse in the Second Degree, a Class A Misdemeanor. A person is guilty of sexual abuse in the second degree when he or she subjects another person to sexual contact and when such other person is less than fourteen years old.
Fingerlow was also charged with one count of Endangering the Welfare of a Child, a Class A Misdemeanor. A person is guilty of endangering the welfare of a child when he knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of a child less than seventeen years old or directs or authorizes such child to engage in an occupation involving a substantial risk of danger to his life or health.
The sex abuse charge was based on the allegations of what Fingerlow did to the complainant while she was in bed. The endangering the welfare of a child charge was based on the allegations of Fingerlow touching her buttocks between January and February 2025. It is not clear what other allegations at this time NTPD believed contributed to the endangering charge, such as allegations made by the child that Fingerlow was pressuring her to recant.
Fingerlow faces up to one year in jail for each crime if found guilty. Both North Tonawanda City Court judges recused themselves given personal relationships with Fingerlow and/or his family. A court date will be given once a new judge is assigned the case.
David Fingerlow, Jr. and/or his counsel did not respond to a request for comment.
David Fingerlow Charged in North Tonawanda with Sexually Abusing Daughter