Brandon R. Fogg, 32, of Liberty St., Batavia, pleaded guilty to menacing 1st degree, a class E felony, in Genesee County Court on June 21, 2019.
Today he was scheduled to be sentenced and was facing prison time.
Instead, Judge Zambito delayed sentencing and allowed Fogg to participate in a 21 day drug treatment program in Bradford, PA.
Fogg is now released from jail and must report to the Bradford Regional Medical Center by 8:00a.m. Friday morning.
District Attorney Larry Friedman objected to Judge Zambito’s decision.
The Probation Department recommended incarceration.
After reading Fogg’s letter, Judge Zambito decided to give him a chance at avoiding prison time.
“I’m doing this, but you need to know this is serious and you could face 1 to 4 years in prison. I understand you have a substance abuse problem and I am giving you a chance to prove yourself, any violation and you will go to prison.”
On June 5, 2019, Fogg admitted he intentionally put a person, Officer Darryle Streeter, in danger by displaying a black imitation BB pistol during an altercation with Officer Streeter on Ellicott street near Cedar street about 12:30a.m.
Officer Darryle Streeter had observed Fogg in the passenger seat of the vehicle being operated with an illegal tire and conducted a traffic stop as Fogg was wanted in a trespassing incident.
During the stop, Fogg attempted to flee from Officer Streeter.
Officer Streeter was able to take Fogg to the ground, where he began to fight with Officer Streeter.
Fogg then removed a black handgun from his pocket and tried to turn it toward Officer Streeter. An employee of a local business observed the struggle and was able to step on the wrist of Fogg which made him lose his grip on the gun. Officer Streeter was then able to take Fogg into custody.
Fogg was being be held at the Genesee County Jail without bail, he has now been released under supervision to his mother who will be transporting him to the Bradford Regional Medical Center.
Fogg will now appear on August 26, 2019 at 9:15a.m. for sentencing.
If he completes the 21 day program in Bradford, PA, the judge will consider local jail time and probation instead of prison time.