A 32-year-old Batavia man went into County Court today facing a certain prison sentence for menacing a police officer with a BB gun but left with a second chance.
The attorney for Brandon Fogg told Judge Charles Zambito that his client had secured a bed-to-bed substance abuse treatment program and asked that he be allowed to enter the program Friday morning for 21 days of treatment.
Expressing a bit of reluctance, the judge agreed to let Fogg enter treatment, with his mother providing transportation from the Genesee County Jail to the Bradford Regional Medical Center for treatment.
"I'll give you an opportunity to convince me that I shouldn't send you to prison," Zambito said. "That doesn't mean you won't do further jail time and time on probation."
Absent a chance at treatment, Fogg could have reasonably expected to be sent to prison today for one and a half to four years.
"One of the conditions is that you stay in bed-to-bed treatment and follow any recommendations of the program," Zambito said. "If you violate any of the terms of the program you will be brought back here and sentenced and you will be going to prison."
Batavia police officers encountered Fogg on Cedar Street in early June 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.
An employee of a nearby business 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.
Fogg's next scheduled court appearance is Aug. 26 when Zambito will decide whether a prison term is still appropriate or if he should receive less time in the local jail.
