Utica man charged with weapon possession following fatal shooting

By WKTV News

UTICA, N.Y. (WKTV) - A 24 year old Utica man is dead and a 30-year old man under arrest in what could be known as the case of perfect timing.  

A Utica man has been arrested following the fatal shooting of another man in the city overnight.

Police responded to reports of a fight on James Street in the vicinity of West and Steuben streets around 12:30 a.m. Wednesday morning. Officers then heard shots fired and discovered Anthony Garner, 24, of Utica, lying in the ground, shot.

Garner was transported to St. Elizabeth Medical Center where he later died from his injuries.

The difference of mere seconds could have meant officers might have actually witnessed the shooting.

The swift timing not only played a role in finding the victim, but someone else possibly involved, as well. Shortly after discovering Garner, police officers crossed paths with Marshall Jackson, 30, also of Utica, whom they say was carrying a loaded handgun. Jackson is now charged with criminal possession of a weapon.

"That's really the beginning of it," Sgt. Steve Hauck of the Utica Police Department said. "It seems like 'well, you're near a shooting, you've got a gun,' but that might not necessarily be the case. Those are things we have to establish before we can do any kind of charges related to the shooting."

Two candles mark the spot where Garner fell after being shot and ballistics tests will see if the weapon police allegedly found on Jackson can be tied to the homicide.

Details as to what may have led to the shooting have not yet been released.

This is the second homicide in the City of Utica in just under two weeks.

On Monday, May 16, officers responded to the area of Sunset Ave at Watson Place around 11:36 p.m. for a report of shots fired and found Reginald Davis, 22, of Utica at Genesee Street and Watson Place, suffering from several gunshot wounds, at least one of them to the head.  Davis was treated at St. Elizabeth Medical Center where he later died of those injuries. No suspect was taken into custody in Davis' death.

Utica Police are looking at whether or not Wednesday morning's fatal shooting could be retaliatory for the fatal shooting of Davis on May 16.


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