Former Wyoming County Sheriff’s deputy charged with murder

PERRY, N.Y. (WIVB) — A retired sheriff’s deputy is in jail Thursday, charged with second-degree murder.

Joseph Mlyniec, 60, was arraigned late Thursday, according to Donald O’Geen, Wyoming County District Attorney.

(Photo: FASNY)

Prosecutors say Mlyniec, who is also a member of the Perry Town Board, shot and killed Robert Irvine III in the driveway at Mlyniec’s house, on New York State Route 246 in Perry.

According to O’Geen, Mlyniec called 9-1-1 at 5:42 p.m. on Wednesday. He was taken into custody a short time later.

Police investigators were still collecting and processing evidence into the night Wednesday and through the day Thursday as well.

“We’re committed to following this through through the court proceedings. This investigation won’t end even in the days to come. This investigation will last weeks if not months, and we’re committed to doing the right thing and doing the right thing by the victim,” said Wyoming County Sheriff Gregory Rudolph.

Sheriff Rudolph confirmed Mlyniec was a Patrol Sergeant with the Wyoming County Sheriff’s Office for more than 20 years, before working part time as a Deputy Sheriff and then fully retiring in 2013. The Sheriff says Mlyniec has been out of contact with the Sheriff’s Office for long enough that he’s confident his investiagators can remain impartial.

O’Geen said despite Mlyniec’s prominent position in the community, as a Town Board Member and President of the Perry Center Fire Department, he will be treated no differently from any other suspect.

“Professions don’t commit crimes, people do, and that’s been my policy for a long time that you focus on the person not the profession,” O’Geen explained.

O’Geen and Rudolph say Mlyniec and Irvine “were acquainted” but have not commented on the nature of their relationship.

It is not clear at this point what Irvine was doing at Mlyniec’s property Wednesday. The Sheriff’s Office says he was shot four times, and his death was ruled a homicide.

Sheriff Rudolph says he believes a handgun belonging to Mlyniec was used in Wednesday’s fatal shooting. Mlyniec is a legal pistol permit holder, he said.

Mlyniec is being held in the Wyoming County Jail without bail. He is set to appear Monday, March 12, in Warsaw Town Court.

The District Attorney says the Perry Town Justice has recused himself from the case, because he knows the suspect personally.

The Sheriff says Mlyniec is cooperating with the investigation and has sought legal counsel.

Mlyniec currently serves as a town board member in Perry. Supervisor Jim Brick told News 4 he will keep his position on the board unless he resigns, is acquitted or convicted. provides commenting to allow for constructive discussion on the stories we cover. In order to comment here, you acknowledge you have read and agreed to our Terms of Service. Commenters who violate these terms, including use of vulgar language or racial slurs, will be banned. Please be respectful of the opinions of others. If you see an inappropriate comment, please flag it for our moderators to review. Note: Comments containing links are not allowed.

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