BUFFALO, NY – Erie County District Attorney John J. Flynn announces that 26-year-old Ivan Gilbert of Buffalo was arraigned this morning before Erie County Court Judge James Bargnesi on an indictment charging him with the following offenses:
- One count of Attempted Murder in the Second Degree, a Class “B” felony
- One count of Assault in the First Degree, a Class “B” felony
- One count of Criminal Possession of a Weapon in the Second Degree, a Class “C” felony
- One count of Endangering the Welfare of a Child, a Class “A” misdemeanor
It is alleged that on October 14, 2020, at approximately 11:00 p.m., the defendant fired multiple shots from an illegal pistol at the victim who was sitting in the passenger seat of a vehicle parked outside of a store on East Amherst Street in the City of Buffalo. The victim was hit once in the neck by gunfire, but survived. A 4-year-old child, who was sitting in the backseat, was unharmed.
The defendant was located a short time later by Buffalo Police officers who allegedly found him attempting to discard the illegal gun.
Gilbert is scheduled to return on Tuesday, January 5, 2021 at 2:00 p.m. for a pre-trial conference. He was remanded without bail.
If convicted on all charges, Gilbert faces a maximum of 25 years in prison.
DA Flynn commends the Buffalo Police Department for their work in the investigation.
The case is being prosecuted by Assistant District Attorney Patrick B. Shanahan of the DA’s Tactical Prosecution Unit.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.