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Press Release

Convicted Felon Who Discharged A Gun At Amtrak And House Of Mercy Pleads Guilty

For Immediate Release
U.S. Attorney's Office, Western District of New York

CONTACT: Barbara Burns   
PHONE:       (716) 843-5817 
FAX #:          (716) 551-3051  

ROCHESTER, N.Y.-U.S. Attorney Trini E. Ross announced today that Alejandro Rivera, 36, of Schenectady, NY, pleaded guilty to being a felon in possession of a firearm and ammunition, before U.S. District Judge Frank P. Geraci, Jr. The charge carries a maximum penalty of 10 years in prison and a $250,000 fine.

Assistant U.S. Attorney Brett A. Harvey, who is handling the case, stated that in April 2021, Rivera traveled from Schenectady to Rochester, NY, on an Amtrak train. As he was exiting the station, Rivera pulled a 9mm pistol from his waistband and fired the pistol, apparently accidentally, into the wall with multiple people in the area, many of whom ran for cover. Rivera then picked up the spent shell casing from the floor and exited the train station. As he approached the area of Central and Joseph Avenues in Rochester, Rivera fired another round into the air. After leaving the Amtrak station, Rivera went to the parking lot at the House of Mercy on Ormond Street in Rochester, where he got into an argument. After a security guard came out of the House of Mercy to see what was happening, Rivera again fired the 9mm pistol. Rochester Police Officers were called to the scene, but Rivera fled on foot. Approximately a week later, Rivera was arrested by Rochester Police Officers near the Amtrak station.  

Following Rivera’s arrest, Rochester Police investigators executed a search warrant at the residence of Rivera’s mother on Joseph Avenue. During the search, they recovered the loaded 9mm pistol. Rivera has four prior felony convictions and is legally prohibited from possessing a firearm.

The plea is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms and Explosives, under the direction of Special Agent in Charge John B. DeVito, New York Field Division, the Rochester Police Department, under the direction of Chief David Smith, and the Amtrak Police Department, under the direction of Chief Sam Dotson. 

Sentencing is scheduled for January 6, 2023, at 2:00 p.m. before Judge Geraci.

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Updated October 7, 2022

Firearms Offenses