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CHEEKTOWAGA, N.Y. (WKBW) - A hand-written "we are open" sign welcomes customers inside the Dollar General on Union Road. Wooden boards still sit in place of the windows. Both reminders of the chaos that unfolded in the parking lot one week ago when police say Travis Green fired some 20 rounds at the store after being denied an employment application.
The only shooting victim in this case testified during Green's preliminary hearing on Tuesday.
Reporter Ali Touhey: Why wasn't this case waived to a grand jury?
Defense Attorney Paul Dell: I choose not to waive it. I don't like to waive hearings because I like to get as much information as I can. The D.A.'s office always wants you to waive it but unless there's a good reason, I don't.
The victim described pulling into the Dollar General parking lot around 2:30 P.M. last Tuesday and seeing a man punching a female twice in the face. The shooting victim said he immediately tried to call 9-1-1. That's when he said he was approached by that same man who asked him if he had a problem and who he was talking to. The victim said he told Green he was talking to a friend and didn't have a problem. That's when the victim said Green hit him in the face twice. The victim testified Green walked to his car, pulled out a bag and got out a gun. The victim said he watched as Green fired two shots into the air. So, he ducked for cover. He said he doesn't remember much after that: only the glass of the store front windows shattering around him and being shot twice near his shoulder.
Dell said his client was competent for the hearing but he will be exploring whether Green is fit to stand trial. ”As far as what his mental state was when this happened, that's what I'm going to be doing from here and I'm sure I'm going to get a psychiatrist to talk to him.” Ali said "So that could play a role in your defense?" “Absolutely,” Dell replied.
Green faces six charges including attempted murder. Although Dell intends to argue reckless endangerment is a more fitting, lesser charge. “It's a serious felony but it's a lot different than attempted murder where you are attempting to kill somebody.”
The D.A. has 45 days to present the case to a grand jury. It will determine whether this case goes to trial.