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According to Megan Craft, a spokeswoman for the Albany Police, the incident occurred on Sunday, Jan. 5, at 150 Third Ave.
Craft said officers responded to reports of a person with a weapon inside the home after a witness reported seeing Luis Rivera, age 39, armed with a handgun.
When officers arrived, they ordered everyone inside the residence to exit. A woman and her teenage son exited safely, but Rivera initially complied before retreating inside, ignoring police commands.
Minutes later, Rivera emerged from the residence in an agitated manner, raising his hands as if holding a handgun and assuming a “shooter’s stance,” Craft said.
Officer Daniel Blossom discharged a round from his shotgun but missed. Rivera then repeated the motion, prompting Blossom to fire a second round, striking Rivera in the leg.
Officers rendered aid to Rivera at the scene. It was later determined that Rivera was unarmed during the encounter.
He was transported to Albany Medical Center Hospital with non-life-threatening injuries.
Two children, who were found inside the residence, were unharmed, Craft added.
An investigation revealed that Rivera had battered the before police arrival, threatening her with a handgun. A search warrant executed by Albany Police uncovered a loaded 9mm handgun inside the home, police said.
Rivera, who is on federal probation, was charged with attempted assault, criminal possession of a weapon, menacing, and two counts of endangering the welfare of a child.
He was arraigned and remanded to the custody of the Albany County Sheriff’s Office.
The investigation remains ongoing.
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