Todd M. Englerth, 46, of Stafford, is facing a 5 count indictment after an incident in the Tops parking lot on November 20, 2018 where a LeRoy Police Officer was assaulted.
Englerth allegedly resisted arrest after he was found sitting in a white Ford pickup truck parked in the fire lane/no parking zone in front of the Tops Market, located at 128 West Main Street.
Officer Greg Kellogg spoke with Englerth who advised that his friend Phillip J. Severino, 42, of Corfu, NY was the driver of the pickup truck and that Severino was inside of Tops and that he should be back shortly.
While waiting for Severino to exit the store, Officer Kellogg observed a pair of metal knuckles located inside the pickup truck on the armrest in plain view. Englerth has been indicted and accused of criminal possession of a weapon 3rd, a class D felony for allegedly possessing the metal knuckles.
Officer Kellogg then attempted to detain Englerth, however he allegedly refused to comply with the verbal commands of Officer Kellogg and physically resisted. Englerth is also accused of assault 2nd, a class D violent felony after preventing Officer Kellogg from performing his lawful duty and causing physical injury to the Officer.
The indictment further accuses Englerth of obstructing governmental administration 2nd and resisting arrest.
The Officer then advised Englerth that he was under arrest and he continued to physically resist. A struggle ensued and multiple citizens attempted to assist Officer Kellogg with taking Englerth into custody. Englerth was able to break free and began to flee from the scene on foot and a taser was deployed during the chase striking Englerth with negative effects.
The Officer continued to chase Englerth on foot into a wooded area behind Tops. Another physical struggle ensued in an attempt to place Englerth under arrest and yet another taser cartridge was deployed this time with effect and Officer Kellogg was able to gain control of Englerth. He was then taken into custody. During the search incident an alleged quantity of cocaine was located on Englerth’s person.
He was also indicted on the charge of criminal possession of a controlled substance 4th, a class C felony.
Englerth was previously convicted of assault 3rd, a class A misdemeanor, on April 8, 2002 in Genesee County Court. This conviction forms the basis of count 1 in the indictment, criminal possession of a weapon 3rd degree.
{NOTE: 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.}