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Citizen assists officer in struggle with suspect who allegedly pulled weapon from his pocket

By Howard B. Owens
foggmug2019.jpg
      Brandon Fogg

A local citizen came to the aid of a Batavia police officer who was attempting to apprehend a criminal suspect when the suspect pulled a handgun -- it turned out to be a BB gun -- from his pocket during the struggle.

The citizen stepped on the suspect's wrist causing him to drop the gun.

Brandon Fogg, 32, of Liberty Street, Batavia, is charged with criminal possession of a weapon, 3rd, criminal possession of a weapon, 4th, obstructing governmental administration, and trespass.

He was arraigned in City Court and ordered held without bail.

The incident began as a trespass complaint at 11:22 p.m., Tuesday, at a location on Ellicott Street.

Fogg was reportedly at a residence banging on the door against the complainant's wishes. 

Before patrols arrived, Fogg left the property. 

Officer Darryle Streeter observed Fogg in a passenger vehicle that was being driven with an illegal tire on it. 

Streeter initiated a traffic stop on Cedar Street near Ellicott Street. 

According to police, Fogg opened the car door and attempted to flee.

Streeter was able to grab Fogg and take him to the ground. Fogg allegedly fought with Streeter and during the struggle removed from his pocket what appeared to be a handgun.

At that point, an employee of a local business intervened and stepped on Fogg's wrist. When Fogg dropped the gun, Streeter was able to take him into custody.

Batavia PD did not release the name of the citizen at this time because the department has not obtained the citizen's permission to release it.

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