Arrest in Shooting of Innocent Bystander in Allentown

June 26, 2014 Updated Jun 26, 2014 at 6:44 PM EDT

By John Borsa

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June 26, 2014 Updated Jun 26, 2014 at 6:44 PM EDT

BUFFALO, NY (WKBW) - A Buffalo man was arrested and charged Thursday with shooting an innocent bystander earlier in the day in Allentown.

Deverick Petty, 20, of Andover Ave. in Buffalo was charged with first degree assault, first degree attempted assault and criminal possession of a weapon.

Police say he was arguing with his girlfriend and another man in front of the Buckingham Apartments on Mariner St. at Allen St. when Petty allegedly fired two shots at the man.

The rounds missed the target, instead crossing the street and one bullet struck a male who was on the patio at a popular Allen St. bar.

The unidentified victim was shot in the abdomen while chatting with friends outside the Old Pink. He remains in critical condition at ECMC.

"A situation as a domestic can take place anywhere. It was domestic related. Not bar related. It had absolutely nothing to do with any entertainment district whatsoever," said Buffalo Police Commissioner Daniel Derenda.

Petty is scheduled to be arraigned Friday morning in Buffalo City Court.