The Buffalo man who admitted to police that he fired a gun behind an Allentown restaurant Sunday to try to break up a fight and ended up wounding two people didn't legally own the firearm, according to police and prosecutors.
In addition, Tysheim R. Evans, 27, who turned himself into police on Monday was out on bail on a separate pending criminal case that also involved an illegal handgun, according to Erie County District Attorney John J. Flynn's office.
The pending case involved an incident that took place on July 21, 2020. Buffalo police responding to a 911 call about shots fired from a vehicle at Wohlers Avenue and East Ferry Street allegedly saw Evans in a vehicle on Celtic Street that matched the description that the 911 caller gave, according to Flynn's office. As officers approached, Evans ran but was taken into custody. Authorities found an illegal, loaded handgun in a bag inside the vehicle, Flynn said.
Evans was arraigned on July 22 before Buffalo City Court Judge Betty Calvo-Torres on one count each of second-degree criminal possession of a weapon and first-degree reckless endangerment, both felonies. Prosecutors asked for a minimum of $50,000 bail. Calvo-Torres set bail at $10,000 which Evans posted, Flynn said. The case was then brought before a grand jury and Evans was indicted on the felony gun charge, Flynn said. He appeared on April 14 before Erie County Court Judge Sheila A. DiTullio who continued the previous bail that was set in City Court.
Evans was arraigned Monday before City Court Judge JaHarr Pridgen in connection with the Allentown incident after surrendering to police. He has been charged with felony counts second-degree criminal possession of a weapon and first-degree reckless endangerment.
Police told reporters that the incident began when two workers at Allen Burger Venture at 175 Allen St. got into an argument that led to a fistfight in the back alley of the restaurant. Police said Evans allegedly went into an employee locker room to retrieve a gun. He then allegedly fired the gun into the ground.
"That round splintered into two pieces, nicking another employee in the leg – a person who was not involved in the original altercation – as well as the second person who was not an employee of the restaurant,” said Buffalo Police Capt. Jeff Rinaldo.
Both victims sustained injuries that were not life-threatening.
Evans was being held without bail for the new charge. He is schedule for a felony hearing at 3:30 p.m. Friday. He has a hearing on the 2020 case at 2 p.m. Monday.