CANANDAIGUA — The Lyons man accused of robbing a Phelps convenience store has been indicted by an Ontario County grand jury, but his case will not proceed until he is declared mentally competent.
Brandon Burgess, 28, was recently indicted on felony counts of second-degree robbery, third-degree grand larceny, fourth-degree grand larceny, tampering with physical evidence, and third-degree criminal mischief.
All the charges are related to the alleged Sept. 17 robbery of the 7-Eleven off Route 14 in Phelps. Police said at about 3:30 a.m. that day, Burgess displayed what appeared to be an assault-style rifle and got away with an undisclosed amount of cash and cigarettes.
Authorities later said Burgess used an Airsoft gun that looked like a rifle.
Police said Burgess fled in a vehicle stolen from a Phelps business. The abandoned vehicle was found on Pre-Emption Street in the town of Waterloo, prompting a roughly 30-hour manhunt involving numerous police agencies.
The following day, police received a tip that Burgess was in a vehicle later spotted by a Seneca Falls police officer off Route 89. Police said Burgess tried to run away, but he was caught by officers from several agencies, including a K-9 unit.
Burgess faces two robbery counts, one for allegedly stealing the money and cigarettes from the 7-Eleven. The other robbery count is for him allegedly taking the store clerk’s cell phone.
The third-degree grand larceny charge is for Burgess allegedly stealing more than $3,000 worth of tools from Slate Hill Contractors, which had a construction site in Phelps. The fourth-degree grand larceny charge is for his alleged theft of a truck from Halco.
Burgess faces two tampering charges, one for allegedly trying to hide and burn the Halco truck left on Pre-Emption Street. The other tampering charge alleges that Burgess removed two SIM cards from phones, his and the clerk’s, to avoid apprehension and detection while he was on the run.
The criminal mischief charge alleges that Burgess damaged the clerk’s phone.
District Attorney Jim Ritts said a mental health evaluation was ordered by Canandaigua City Court; it was received by his office on the day Burgess was arraigned. Judge Craig Doran signed the order of observation with the consent of the DA’s office and public defender’s office, which is representing Burgess.