LOCKPORT – A Niagara Falls cab driver who was shot during an Aug. 19 robbery attempt testified in a pretrial hearing Friday that he picked one of the suspects’ photos out of an array of six shown to him by a detective.
Brian Sell testified that he was “in agony” from pain and had been administered the painkiller oxycodone before he was interviewed the next day at Erie County Medical Center. However, he said he was “coherent the whole time” as he folded the page of photos so he could see only the area between the forehead and chin of the men depicted.
That was because Sell said the two men in his cab were wearing baseball caps and hoodies, the latter tied around their necks. He said he considered two of the six photos, but finally chose one to circle. “That’s the one I kept coming back to,” Sell said.
The photo was of Zachary Boos, 21, of 16th Street, who was indicted on charges of attempted first-degree robbery, first-degree assault and second-degree criminal possession of a weapon. The holdup attempt occurred in the 400 block of Memorial Parkway about 4:30 a.m., police said at the time. Sell was shot in the back while struggling with the men, who jumped out of the vehicle without stealing any money. Boos was arrested Aug. 24 in the Falls. His trial is set for June 6.