Brandon R. Fogg, 32, of Batavia, pleaded guilty to menacing 1st degree, a class E felony, in Genesee County Court on June 21, 2019.
This morning, February 19, 2020, Fogg was sentenced after successfully completing treatment programs in Bradford and at Atwater, he is currently living in supportive housing run by GCASA.
Before sentencing, Fogg thanked Judge Charles Zambito for allowing him to attend the treatment facilities since August. Fogg told the court he has been clean for 8 months.
“I would like to thank you for allowing me to put my life back together. It took a bad thing for me to put my life back together. Everything you have asked I have done well,” Fogg told the Judge.
Fogg’s Attorney Jamie Welch then asked Judge Zambito for intermittent incarceration to not upset his treatment.
“Mr. Fogg there is very strong sentiment from police that you don’t deserve a community based sentence. In your favor you have no priors. It is clear you have a substance abuse problem and mental health issues. I gave you a chance and you have demonstrated that you have the ability to address your issues, but I am not convinced that intermittent jail will be enough. You pulled a gun on an officer. I give him credit for not shooting you,” said Judge Zambito.
Fogg was sentenced to 6 months in the Genesee County Jail and 5 years probation.
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.