Man who menaced Batavia cop with fake pistol was tardy to court today, but got two-month sentencing delay
Photo and story by Alecia Kaus/Video News Service.
Brandon R. Fogg, 32, who pulled a fake BB gun out during a tussle with Batavia Police Officer Darryle Streeter in June, showed up late to Genesee County Court this morning, shortly after a warrant was issued for his arrest.
The Batavia resident pled guilty to first-degree menacing, a Class E felony, in Genesee County Court on June 21.
Fogg admitted then he intentionally put a person, Batavia Police 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 12:30 a.m. on June 5.
Officer 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 pulled a BB pistol 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 Fogg's wrist, which made him lose his grip on the imitation gun. Officer Streeter was subsequently 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 in the city.
On Aug. 1st, Judge Charles 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 Aug. 1st.
According to Fogg’s public defender, Jamie Welch, Fogg completed the program in Bradford on Aug. 22 and was discharged. He has since been staying at a halfway house at the Atwater House.
Fogg was scheduled to appear in Genesee County Court for sentencing this morning (Aug. 26), but Fogg was not in court at the appointed time and Welch did not know his whereabouts. Judge Zambito then issued a warrant for his arrest.
After showing up at 10 a.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 five years probation.
Judge Zambito agreed to the two-month adjournment and requested reports from the program at 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 at 1:30 p.m. on Oct. 30.
For previous coverage of Brandon Fogg and the incident involving Officer Darryle Streeter: