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Felon indicted in death of N.Y. police officer


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ROCHESTER, N.Y. — A man accused of killing a police officer was indicted on six counts and released from the hospital to the county jail.

Thomas Johnson III, 38, was indicted Friday on counts of aggravated murder, attempted aggravated murder, first-degree assault, and multiple weapons possession charges — one count of second-degree criminal possession of a weapon and two counts of third-degree criminal possession of a weapon in connection with the Sept. 3 death of Rochester Police Officer Daryl Pierson, 32, of East Rochester, N.Y. The indictment was made public Monday.

Johnson, who was wanted on a parole violation, is accused of shooting Pierson as the officer chased him on foot. Another bullet struck bystander Jamal Bollar, 24, in his leg. Bollar survived.

Pierson's partner, Michael DiPaola, then shot Johnson, who spent nearly two weeks at Strong Memorial Hospital before he was moved to Monroe County Jail. Johnson did not fire a shot at DiPaola.

Monroe County District Attorney Sandra Doorley said she sought an indictment for aggravated murder — a charge that includes the intentional killing of a police officer — because unlike first-degree murder the sentence is mandated as life without parole.

"I asked the grand jury to consider the strongest possible charges," Doorley said.

As a convicted felon, Johnson cannot own a weapon. The serial number from semiautomatic pistol recovered from the scene was filed off.

Johnson's lawyer, James Hinman, said he was preparing a motion for Thursday's court appearance requesting that an out-of-county judge be assigned to Johnson's case.

Several local judges attended Pierson's memorial service last week, but Hinman said that raises questions about how impartial they may be at trial.