Police: Man Threatens with Fake Gun, Is Charged with Real Crime in Utica

A Utica man is under arrest after allegedly pointing what appeared to be a real gun at another person.

The Utica Police Department was dispatched to the 1200 block of Whitesboro Street at approximately 2:40pm on Saturday, February 2, 2022 after receiving a call regarding a man who had allegedly pointed a handgun at another person in a way perceived as threatening.

Police say when they arrived they were directed to a man who, according to the UPD, "was detained without incident."

Police say that they soon realized that the weapon was actually a BB gun that looked extremely realistic.  As such, the victim was not able to tell that it was a BB gun and did not distinguish it from a "real" handgun.

No injuries were reported as a result of the incident.

Police seized the BB gun as part of the investigation.  The suspect, identified as 42-year-old Benjamin Martinez, was charged with the following:

• Menacing in the 2nd Degree
• Criminal Possession of a Weapon in the 3rd Degree

Police say that the fact that Martinez has prior criminal convictions played a part in the weapon possession charge.

[EDITOR'S NOTE:  This post is for informational purposes and is based largely on information received from the Utica Police Department.  All suspects and arrested persons are innocent unless proven guilty in a court of law.  At the time of this posting no additional information is available.]