BUFFALO, N.Y.-U.S. Attorney James P. Kennedy Jr. announced today that a federal grand jury has returned an indictment charging Ernest Green, a/k/a Fire, 37, of Buffalo, NY, with being a felon in possession of a firearm. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.
Assistant U.S. Attorney Michael J. Adler, who is handling the case, stated that according to the indictment and evidence presented by the Government at the defendant’s arraignment today before U.S. Magistrate Judge Jeremiah J. McCarthy, on July 26, 2020, Green drove a vehicle through the Towne Gardens Housing Complex and opened fire with a gun. The defendant then crashed the vehicle into a tree, got out, and ran. Green was seen on video running in an easterly direction, and the firearm he allegedly used in the shooting was found five blocks east of where it occurred.
In November 2004, Green was convicted of a felony in Erie County Court. In October 2010, Green was convicted of a felony in New York State Court. As a result of those convictions, he is legally prohibited from possessing a firearm.
The government requested that Green be detained and he is being held pending a decision by Judge McCarthy on the government’s request.
The indictment is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. Devito; the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Stephen Belongia; and the Buffalo Police Department, under the direction of Commissioner Byron Lockwood.
The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.