CHEEKTOWAGA, N.Y. (WIVB) – The man accused of opening fire outside of a Dollar General last week appeared in Cheektowaga Town Court for a rare felony hearing.
Judge Paul Piotrowski ruled the testimony he heard Tuesday is enough to hold Travis Green, 29, to the higher charge of attempted murder.
We do want to note Judge Piotrowski asked the media not to show any video or audio of the witness captured in the courtroom today to protect their identities.
The bystander inside the Dollar General Store points out Travis Green as the gunman who opened fire Tuesday.
Two high-powered ar-15 rifles were found in the parking lot of the store, the front glass door was shot out and a Cheektowaga man, 53, was hit twice in the shoulder.
He too testified in court.
That man who was shot says Green pulled a black bag out of a car, removed a gun and fired two shots in the air and then two at him.
Greens Attorney Paul Dell opted for this felony hearing. He said, “I chose not to waive it, I don’t like to waive hearings because I like to get as much information as I can unless there is a good reason to, I don’t.”
Dell says he was able to learn what two live witnesses and an investigator saw the day this shooting happened, and that’s to his benefit.
Now he will try to argue for a lesser charge: Reckless endangerment.
He said, “I don’t think it’s an attempted murder and obviously there are some mental issues going on, and i’m going to explore that.”
He plans to use Green’s mental state on that day as a defense.
He said, “This is a 30-year-old man with no criminal history whatsoever. He’s married and lives with his kids, and he’s always worked and something was going on in his head this day.”
At one point, there was silence in the courtroom and green’s mom spoke out saying “forgive him. Whatever happened.”
She was asked not to speak by court security. The District Attorney now has 45 days to present the case to a grand jury.
They have 6 months from the date of his arrest to indict him.