Suspect shot by deputy released from hospital
Updated: Wednesday, February 19 2014, 07:04 PM EST
Rochester, N.Y. - Vincenzo Zagari, the shoplifting suspect shot by a Monroe County Sheriff's Deputy in Pittsford last month, is now out of the hospital and behind bars.
The 22-year-old Zagari was released from Strong Memorial Hospital on Tuesday and is now in the Monroe County jail. He was arraigned on a Violation of Probation charge in front of Monroe County Court Judge Melchor Castro Wednesday afternoon.
Last month, Zagari was shot on Monroe Avenue in Pittsford by Monroe County Sheriff’s Deputy Bridget Davis. He was reportedly fleeing the deputy after being caught shoplifting at the Pittsford Wegmans. Monroe County Sheriff Patrick O’Flynn claims Deputy Davis followed all the proper protocols and while the final internal report was not complete at last check, the agency appears to claim the shooting was justified.
Sheriff O’Flynn has said that Zagari tried striking Deputy Davis with a hammer but she swatted it away. He then pointed a pellet gun at the deputy prompting her to fire her weapon, according to the Sheriff.
Zagari’s lawyer, James Nobles, and Assistant District Attorney Pat Farrell tell 13WHAM News that Zagari was in a wheelchair in court on Wednesday and his family was present for the arraignment. Nobles reportedly asked that the judge set a bail amount so his client could return home to his family and heal, but that request was denied.
Those facing a Violation of Probation charge are not entitled to bail according to A.D.A. Farrell.
The elements included in Zagari’s Violation of Probation Charge include the following allegations:
---Zagari failed to report to his probation officer in early January.
---Zagari failed to truthfully answer questions from his probation officer about where he was living.
---Zagari stole approximately $47 worth of goods from the Pittsford Wegmans on Monroe Avenue.
---Zagari was in possession of a stolen vehicle on the day of the shooting.
---Zagari pulled a handgun on an officer while the officer was trying to arrest him.
Zagari pled not guilty to the Violation of Probation charge and is due back in court on March 18th.
Further evidence against Zagari is likely to be presented to a grand jury for consideration of other criminal charges.