Out on bail criminal shoots two at Restaurant

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Erie County District Attorney John J. Flynn announces that 27-year-old Tysheim R. Evans of Buffalo was arraigned yesterday afternoon before Buffalo City Court Judge JaHarr Pridgen on one count of Criminal Possession of a Weapon in the Second Degree (Class “C” violent felony) and one count of Reckless Endangerment in the First Degree (Class “D” felony).

It is alleged that on Sunday, June 6, 2021, at approximately 3:30 p.m., the defendant fired an illegal handgun and injured two men behind a restaurant on Allen Street near Park Street in the City of Buffalo.

One victim was hit in the leg and the other victim was hit in the arm. Both victims were taken to ECMC to be treated for non-life threatening injuries.

Evans is scheduled to return on Friday, June 11, 2021 at 3:30 p.m. for a felony hearing. He was held without bail.

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If convicted of all charges, Evans faces a maximum of 15 years in prison.  

At the time of the alleged incident on Allen Street, the defendant was out on bail in a separate pending criminal matter for allegedly possessing an illegal handgun.  

It is alleged that on July 21, 2020, at approximately 5:19 p.m., Buffalo Police officers responded to the area of Wohlers Avenue and East Ferry Street for a report of shots fired from a vehicle. The officers allegedly observed the defendant nearby on Celtic Street in a vehicle matching the description provided by the 911 caller. When the officers approached, the defendant ran, but was quickly apprehended. An illegal, loaded handgun was allegedly found in a bag inside the vehicle.

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The defendant was arraigned before Buffalo City Court Judge Betty Calvo-Torres on one count of Criminal Possession of a Weapon in the Second Degree and one count of Reckless Endangerment in the First Degree on July 22, 2020. Prosecutors argued that the defendant be held on at least $50,000 bail. Judge Calvo-Torres set bail at $10,000, which the defendant posted.

The case was presented to a Grand Jury and Evans was indicted on the felony gun charge. The defendant was arraigned before Erie County Court Judge Sheila A. DiTullio on April 14, 2021. At the arraignment, prosecutors argued that the defendant’s bail be increased. Judge DiTullio continued the defendant’s bail previously set in Buffalo City Court.

Evans is scheduled to return on Monday, June 14, 2021 at 2:00 p.m. for further proceedings.

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DA Flynn commends the Buffalo Police Department for their work in both of these investigations.  

The most recent case is being prosecuted by Assistant District Attorney Christopher S. Safulko of the Tactical Prosecution Unit. The other pending case is being prosecuted by Assistant District Attorney Milton D. Gordon of the Felony Trials Bureau.

As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.

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