Brandon Fogg agreed to a plea deal this afternoon in Genesee County Court after being charged with placing an individual at risk of serious injury or death -- in this case a Batavia police officer -- by displaying a BB gun on June 5.
The 32-year-old Batavia resident entered a guilty plea to first-degree menacing and faces one-and-a-third to four years in prison.
Batavia police officers first encountered Fogg after he trespassed at a location on Ellicott Street. Due to an illegal tire on Fogg’s vehicle as he drove away from the location, officers initiated a traffic stop.
According to police, Fogg attempted to flee the vehicle, but he was taken to the ground by Officer Darryle Streeter. Fogg then removed from his pocket what appeared to be a handgun during the struggle between himself and Streeter.
A local citizen then came to the aid of Streeter by stepping on Fogg’s wrist, which caused him to drop the BB gun from his grasp. Streeter took Fogg into custody shortly afterward.
Judge Charles Zambito scheduled sentencing for 3:15 p.m. Aug. 1 at Genesee County Court.
