CHEEKTOWAGA, N.Y. (WIVB) – The Cheektowaga man who is accused of opening fire on the Union Road Dollar General last week appeared in court Monday morning.
He was scheduled to go before a judge for his preliminary hearing. That hearing has now been moved to Tuesday morning.
Travis Green, 29, was arraigned last Wednesday on charges of attempted murder, criminal use of a firearm, reckless endangerment, assault, unlawful wearing of body armor, and resisting arrest. He’s accused of opening fire on the Dollar General Tuesday afternoon with an AR-15 rifle, injuring one man in the parking lot.
By law, the prosecution has to be ready to present its case for a preliminary hearing within 144 hours of an arraignment or a defendant must be released on their own recognizance. The assistant District Attorney handling this case was ready for the preliminary hearing Monday morning.
However, the attorney assigned to represent Green was not able to be in the courtroom Monday morning, so he advised his client to push back the preliminary hearing until Tuesday morning when he could be there.
Green appeared with another attorney Monday morning and told the court he understood the procedure. Tuesday morning’s hearing also falls within the 144 hour window in which the preliminary hearing must be run, because the hours over a weekend are not counted since court is not in session.
A preliminary hearing, which is often waived by a defendant for a number of different reasons, requires the prosecution to present some evidence showing that it is more likely than not that the defendant did what he or she is accused of doing. The burden of proof is low.
If a defendant waives their right to a preliminary hearing or the prosecution successfully argues their case during a preliminary hearing, the case then moves to a Grand Jury to consider whether to hand up indictments.
Green, who was ordered to be held without bail when he appeared for his arraignment last week, remains in custody.