Warsaw, N.Y. (WHAM) - A retired Wyoming County Sheriff's deputy accused of shooting a man last month in Perry has been indicted on two felonies.
Joseph Mylniec is accused of shooting and killing Robert Irvine III on March 7 to prevent him from telling anyone about allegations of sexual abuse.
An indictment handed down Tuesday by a Wyoming County grand jury indicts Mylniec on charges of second-degree murder and first-degree intimidating a witness.
The indictment states Mylniec shot Irvine "for the purpose of obstructing, delaying, preventing or impeding the communication...of information relating to a criminal transaction, to wit: allegations of sexual abuse, to any court, grand jury, prosecutor, or peace officer."
On March 7, Irvine was shot four times - once each in the leg, chest, neck and head. Responding officers found him dead in the driveway of his home.
Wyoming County District Attorney Donald O'Geen said Mlyniec and Irvine were not strangers, describing them as ‘acquaintances.’
When asked about the sexual assault claims, the Sheriff’s Office and D.A.'s Office both said they could not comment further, saying it is an active investigation.
Mylniec retired from the Wyoming County Sheriff’s Office after more than 20 years in 2008. He served as a part-time deputy from 2009-2013.
Mylniec was arraigned and held without bail. The case is scheduled for June 21 at 9:30 a.m. for motions.
Anyone with information about this investigation is asked to call the confidential tipline at (585) 786-8965 or Captain Edward Till at (585) 786-8989.