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Man faces firearm charge following Monday shooting incident with marshals

Michael DiGiacomo, U.S. Attorney for New York’s Western District, middle, points out shell casings from the scene of a Monday shootout incolving U.S. Marshals.
Alex Simone
/
BTPM NPR
Michael DiGiacomo, U.S. Attorney for New York’s Western District, middle, points out shell casings from the scene of a Monday shootout incolving U.S. Marshals.

A man has been charged with using a deadly weapon and assaulting law enforcement following a Monday shooting involving U.S. Marshals on Buffalo’s East Side.

A task force led by marshals first went to execute a warrant for the arrest of 30-year-old Keith Holmes of Rochester because law enforcement believed he was violating the terms of a federal supervised release.

While shots were fired at officers, no task force members were injured, said Michael DiGiacomo, U.S. Attorney for New York’s Western District.

"Mr. Holmes began discharging a firearm, striking the shield, luckily, that was being held by one of the marshals," he said. "As a result of that – Mr. Holmes' aggressiveness – obviously shots were returned by the task force officer, Mr. Holmes was struck. He was rendered medical aid immediately once the situation was secure."

Holmes was taken to an unspecified local hospital for injuries, where he remains under treatment in critical condition.

Holmes could serve up to 20 years for use of a deadly weapon, 25 to life for firearm possession in a crime of violence, and up to 15 for possession of ammunition. The crime of violence charge could be served concurrently, since it’s in addition to an underlying offense, DiGiacomo said.

Holmes' prior offenses were drug trafficking and firearm possession convictions out of Maine. He was transferred to the Rochester area on a supervised release, and also would not have been allowed to possess a gun because of his convictions.

"Normally, those conditions are, you're not supposed to leave the Western District without prior approval," DiGiacomo said. "But again, I cannot confirm the exact nature of his restriction."

Reports have been made that Holmes could have involvement with a homicide case in Rochester, but DiGiacomo said that is unrelated to his Monday arrest and would be a question for Rochester Police.