In addition to the murder, burglary and arson charges Kyle G. Johnson is facing following his arrest Dec. 1 in the shooting death on Selden Road, Le Roy, of Norman D. "Don" Ball, the defendant has been indicted by the Grand Jury on two counts of attempted murder.
Johnson is accused of attmepting to kill Le Roy Police Officer Ryan Young and Le Roy Fire Chief Tim Hogle when they arrived at his residence on Selden Road for the report of a house fire at 4:15 a.m.
Johnson, who is being held in the Genesee County Jail without bail, was originally arrested on a charge of reckless endangerment for allegedly firing his shotgun at the two men.
The eight-count indictment against Johnson begins with the murder in the second degree counts for the shooting death of Ball. Johnson allegedly entered Ball's home through an unlocked back door at 3:350 a.m., Dec. 1, went into his bedroom and shot Ball in the head while he slept.
Johnson then allegedly returned to his residence and set his house on fire.
The counts against Johnson are:
- Murder in the second degree, a Class A-1 violent felony, for the alleged murder of Ball;
- Murder in the second degree, a Class A-1 violent felony, for allegedly entering Ball's house (burglary) and shooting him;
- Arson in the third degree, a Class C felony, for allegedly starting a fire at 7324 Seldon Road;
- Burglary in the first degree, a Class B felony, for allegedly entering 7421 Selden Road, the home of Ball, with the intent to cause physical injury to another person;
- Burglary in the first degree, a Class B felony, for allegedly entering the residence of Ball with the intent to use a dangerous instrument;
- Attempted aggravated murder, a Class A-2 felony, for allegedly intending to cause the death of another person, to wit, officer Ryan Young, while knowing or should have reasonably known, Young was a police officer;
- Attempted aggravated murder, a Class A-2 felony, for allegedly intending to cause the death of another person, to wit, Timothy Hogle, while knowing or should have reasonably known Hogle was a first responder responding to an emergency call.
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Also indicted by this Grand Jury:
Marcus C. Kazmierczak, is indicted on counts of felony DWI and felony driving with a BAC of .08 or greater. Kazmierczak is accused of driving drunk July 11, in the Town of Darien, while having a prior DWI conviction within the previous 10 years.
