Buffalo man gets five years in prison for hitting woman in face with bb gun

Adam Devine
Silver BB s used in an air rifle

BUFFALO, NY – A man who hit a woman with a bb gun has been sentenced to prison.

The Erie County District Attorney’s Office announced this morning that 44-year-old Jason E. Talley of Buffalo has been sentenced to six years in prison and five years of post-release supervision by Erie County Court Judge James Bargnesi. The defendant was sentenced as a second violent felony offender today.

On October 25, 2021, the defendant fired a BB gun into the face of an adult female victim in the early morning hours. As the defendant was inside the victim’s vehicle when the crime occurred, the defendant drove her to the Village of Falconer where he forced her inside.

The defendant and victim were located inside the home by officers of the Town of Ellicott Police Department. As a result of the incident, the victim was taken to the hospital where she was treated for cuts and bruises to her face. Police discovered a BB gun, used by the defendant to hit the victim, hidden in the ceiling of the residence.


During a four-day, nonjury trial, Judge Bargnesi found Talley guilty of one count of Assault in the Second Degree (Class “D” felony). He acquitted him of the other counts in the indictment.

On behalf of the victim, Judge Bargnesi issued a final order of protection, which remains in effect until December 2036.

Correction: This story initially reported the woman was shot with the bb gun. Erie County has clarified she was assaulted with the gun, not shot.

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