Suspect out on bail charged for firing gun during beef at restaurant, striking two

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3 mins read

BUFFALO, NY – Erie County District Attorney John J. Flynn announces that 27-year-old Tysheim R. Evans of Buffalo pleaded guilty yesterday afternoon before Erie County Court Judge Sheila A. DiTullio to felony charges in two separate cases involving illegal guns.  

On Sunday, June 6, 2021, at approximately 3:30 p.m., the defendant, while working in the kitchen of a restaurant, engaged in an argument with another individual outside behind the establishment located on Allen Street near Park Street in the City of Buffalo. During the argument, the defendant brandished a loaded illegal handgun. The defendant fired one shot at the ground, which ricocheted and grazed two male victims. Both victims were taken to ECMC to be treated for minor injuries.

Evans pleaded guilty to one count of Criminal Possession of a Weapon in the Second Degree (Class “C” violent felony). He pleaded guilty to the highest sustainable charge in this case.

The shooting in Buffalo’s Allentown neighborhood occurred while the defendant was out on bail in a separate pending criminal matter for possession of another illegal handgun.  

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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 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 from the vehicle, but was quickly apprehended. An illegal loaded handgun was found in a bag inside the vehicle.

The defendant was initially arraigned in Buffalo City Court on July 22, 2020. He was released on $10,000 bail. The case was presented to a Grand Jury. The defendant was arraigned on the indictment on April 14, 2021. Prosecutors argued that the defendant’s bail be increased after the indictment, but the defendant continued to be released on the previously posted amount.

Yesterday, the defendant pleaded guilty to one count of Attempted Criminal Possession of a Weapon in the Second Degree (Class “D” felony).


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After his plea, Evans was held without bail on both cases. He faces a maximum of 22 years in prison when he is sentenced on Thursday, February 17, 2022 at 2:00 p.m.

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

The cases were prosecuted by Assistant District Attorney Christopher S. Safulko of the Major Crimes Unit and Assistant District Attorney Milton D. Gordon of the Felony Trials Bureau.