According to Rochester News ABC13 WHAM and NBC10, a man accused of assaulting a Rochester police officer last month will be offered more time for evidence to be presented to his defense. During the initial proceedings on Friday Oct. 13th, the defendant could not be in attendance, due to the injuries sustained by the same police officer in a brief altercation following the incident. According to reports, the defendant was allegedly seen by officers driving a truck without its lights on. Upon being asked to pullover, the defendant allegedly refused, crashed into a pole, and fled the scene, which led to the foot chase. In the moments after, the defendant would be shot by the police officer in the upper body, sustaining serious injuries. 

During court on the 13th, attorney John LaDuca demonstrated that despite the fact the defendant was injured during the altercation, he was denied certain rights when he was charged from the hospital based on a sealed indictment. The defendant was arraigned in his hospital bed and indicted on the following charges: Four counts of criminal possession of a weapon, two counts of attempted criminal possession of a weapon, criminal possession of a controlled substance, assault against a police officer. 

Attorneys said the defendant should have been allowed to speak before a grand jury when he was charged. 

This led the judge to move forward at a later date, which will allow the defendant's legal team to reportedly be given more evidence from the prosecution, which includes information related to two witnesses. This permission is granted with the caveat that the names or addresses of the witnesses not be shared with the defendant. 

When being arrested a person is legally entitled to rights in order for the legal system to remain legal. If you are facing a serious allegation you need an experienced attorney who has the knowledge and expertise to handle your case with care. There may be issues or evidence that a less experienced attorney or public defender may gloss over, which could significantly impact your case, your verdict, and your sentence.

These stories are available through News stories locally here in WNY and CNY. Past outcomes do not guarantee results. In the event that you have a question about a criminal case against you or someone you know, please contact Dan DuBois via our contact form or by phone. We will help you best understand the process and remember, we understand, we never judge.