The man shot by a Monroe County sheriff's deputy in Pittsford following a chase in January appeared in court Friday. He's now facing another charge in connection to a separate incident.
Vincenzo Zagari already faces nine counts in connection to the chase, but in an indictment unsealed in court Friday, he's now facing other charges related to an attempted bank robbery from the day before.
Zagari is accused of attempting to rob the M&T bank in Spencerport on Jan. 21, where police said he displayed a gun. He pleaded not guilty to those charges Friday.
One day later, Monroe County sheriff's deputies said Zagari stole a car in Ogden where he drove to Pittsford Plaza. Investigators said he was spotted by Wegmans security shoplifting from the Pittsford Wegmans.
Deputies said Zagari then ran across Monroe Avenue, where investigators say he tried to hit a deputy with a hammer then pulled out a pellet gun before the deputy shot him.
Zagari's attorney James Nobles says Zagari was shot five times and that he was shot in the back.
"It raises a variety of questions. No one is going to say that the police officer doesn't have a right to fire under certain circumstances, but five is a lot of shots, and in the back is certainly questionable. There's definitely some questions that still remain there and we're working to determine what if any relevance it has to this particular proceeding. It certainly would appear that things are not as they were described in the initial press conference," said Nobles.
"I can tell you that a Monroe County grand jury heard from a number of witnesses regarding the events of January 22, 2014 and found that deputy Davis' actions were justified under the circumstances," said prosecutor Patrick Farrell.
Nobles and Zagari's family told Time Warner Cable News that the previous star wrestler struggled with drugs, first with prescription pills then heroin.
For the first time, Zagari's mother, Lucy, spoke about her son's struggles. She said she is upset that her son was shot in the back. She's read many comments on social media about how some people wish her son was dead. She said her son had struggled with drugs and they tried many times to get him treatment. Lucy Zagari said the punishment does not fit the crimes he is accused of committing.
The sheriff's department has said Davis was threatened and acted according to her training.
Zagari is being held on all of these charges on $500,000 bond or $150,000 cash bail. He's due back in court in May.