Brandon R. Fogg, 32, of Batavia, pleaded guilty to menacing 1st degree, a class E felony, in Genesee County Court on June 21, 2019.
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.
For the second time this month Fogg’s sentencing was delayed so he could participate in a substance abuse program at the GCASA/Atwater House.
GCASA – Atwater Home provides a structured, chemical-free environment for men and women in recovery from drug and/or alcohol addiction and is located on East Main street.
On August 1st, Judge Zambito delayed sentencing and allowed Fogg to participate in a 21 day drug treatment program in Bradford, PA.
Fogg was being held at the Genesee County Jail without bail, he was released under supervision to his mother on August 1st
According to Fogg’s Public Defender, Jamie Welch, Fogg completed the program in Bradford on August 22, 2019 and was discharged. He has since been staying at a halfway house at the Atwater Home.
Fogg was scheduled to appear in Genesee County Court for sentencing Monday at 9:30a.m., but Fogg was not in court and Welch did not know his whereabouts. Judge Zambito then issued a warrant for his arrest.
After showing up at 10:00a.m., Judge Zambito recalled the warrant and the case proceeded.
After the case was recalled, Welch requested a two month adjournment on sentencing to see how Fogg does in the program. He told Judge Zambito he was hoping for a sentence of 5 years probation.
Judge Zambito agreed to the two month adjournment and requested reports from the program at the Atwater House.
“I would like to know as soon as he is finished or if he was terminated from the program,” said Judge Zambito.
Zambito then warned Fogg if he was terminated from the program a warrant for his arrest would be issued.
“Considering the seriousness of the offense, there are no promises from me, you are working towards avoiding a state prison sentence.”
Fogg is scheduled to appear for sentencing on October 30, 2019 at 1:30p.m.