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Bernard T. “Bernie” Grucza, the accused killer of the Hamburg Toys R Us assistant manager, has been indicted by an Erie County grand jury and will not be returned to Hamburg Town Court.

Grucza, 38, a regional loss prevention manager for the toy store chain, will remain held without bail at the Erie County Holding Center awaiting arraignment on the indictment, which has not yet been made public, according to his attorney, Frank T. Housh.

Grucza was charged last week by Hamburg detectives with second-degree murder in the June 29 stabbing of Laurence C. “Larry” Wells II, a well liked assistant manager.

“I have been notified by Assistant District Attorney Gary Hackbush that the grand jury has voted to indict. I expect that when the indictment is opened, it will be for second-degree murder,” Housh said. “We’re waiting for the case to be assigned to a superior court. That should be in the next week.”

The Buffalo defense attorney said he is puzzled by police who have publicly described his client as mentally unstable.

“I don’t know why certain law enforcement personnel feel it is important to diagnose my client with a specific medical pathology, absent any professional or any clinical evidence to support it. They’re cops, not doctors. It makes it difficult to get an impartial jury,” Housh said.

“In a case such as this,” he added, “it is incumbent on all professionals involved to act responsibly. I will repeat that my client did not kill Larry Wells and we are confident that we will prevail at trial. I intend to try this case in the court, not the press.”

email: lmichel@buffnews.com