Man out on bail who fired gun outside Allentown restaurant gets 4 years in prison

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BUFFALO, NY – A restaurant kitchen worker who was out on bail for other charges fired a gun outside a restaurant after an altercation with another individual. Now, he’s going away to prison for 4 years.

Today, Erie County District Attorney John J. Flynn announced 27-year-old Tysheim R. Evans of Buffalo was sentenced yesterday afternoon before Erie County Court Judge Sheila A. DiTullio to a determinate sentence of 4 years in prison followed by 5 years of post-release supervision.

“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 injuries,” D.A. John Flynn said today.

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.  

“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 inside of a bag nearby,” D.A. Flynn reported today.

According to information released by the ECPO, Evans 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.