Erie County District Attorney John J. Flynn announces that 38-year-old James P. Zbytek of Sardinia was sentenced this morning before State Supreme Court Justice Deborah A. Haendiges to 1 to 3 years in prison.

On Thursday, August 11, 2022, at approximately 1:37 p.m., members of the Erie County Sheriff’s Office responded to a residence on Savage Road in the Town of Sardinia for a reported threat. During the incident, the defendant pointed a gun multiple times at responding Sheriff’s Office personnel. The defendant was subsequently shot in the leg by a deputy. He was taken by ambulance to Bertrand Chaffee Hospital before being transported by Mercy Flight to ECMC where he was treated for the injury to his leg.

Zbytek pleaded guilty to one count of Attempted Reckless Endangerment in the First Degree (Class “E” felony) and one count of Menacing in the Second Degree (Class “A” misdemeanor) on November 9, 2022. He also pleaded guilty to one count of Criminal Contempt in the Second Degree (Class “A” misdemeanor) in a separate criminal case.

On Tuesday, April 26, 2022, at approximately 1:46 p.m., Erie County Sheriff’s Office deputies responded to the home on Savage Road for a reported domestic incident. The defendant knowingly violated a stay away order of protection issued on behalf of the protected party.

Today, Zbytek was sentenced to one year in jail, which will be served concurrent to his sentence in the other criminal case. A final order of protection was issued on behalf of the victim, which remains in effect for the next 5 years.

DA Flynn commends the Erie County Sheriff’s Office for their work in these investigations.

The cases were prosecuted by Assistant District Attorney Gina M. Gramaglia of the Special Victims/Domestic Violence Bureau and Assistant District Attorney Rebecca L. Schnirel of the Homicide Unit.