Herkimer County, N.Y. - An indictment charging Michael Leach, 59, with second-degree murder was unsealed in Herkimer County Court Wednesday morning.
The indictment accuses Leach of intentionally killing his son. He also faces a weapons charge for the use of his service revolver.
In July 2012 at a motel in Old Forge, Leach shot and killed his son Matthew, 38, while the two were on a semi-annual trip with the Rochester-based Punisher's Motorcycle Club.
At the time a New York State Police press release stated that Leach called 911 and "stated he shot what he had believed to be an intruder." The release later stated that "the investigation revealed he had mistakenly shot his own son who had returned to the motel room."
At a press briefing after Leach's arraignment, Herkimer County District Attorney Jeffrey Carpenter said, "I don't know where the substance of the accidental shooting came from. It has been investigated from day one and determined to be an intentional shooting so I don't know where the initial reports came from as to whether or not it was accidental."
"Oh I truly believe he killed his son. There's no question about that," Leach's lawyer Joseph Damelio stated. "Did he intend to kill his son? Absolutely not. He thought there was an intruder in his room and he thought that he was defending himself. It's that simple. The lights were out, it was dark, he was sleep when this happened, his son walked into the room; It's a horrible thing for a father to have to go through this."
Matthew Leach was transported 55 miles away to St. Elizabeth Medical Center in Utica where he was pronounced dead. The owner of Clark Beach Motel was actually one of the first EMT's on scene who tried to save Leach's life.
Court documents filed with the indictment include statements from two of the first officers on scene who claim Leach said, "I fired a round, I don't know where it went...That's my son. Oh my God. I'm done, that's it I'm done."