There are charges against a former Rochester police officer who shot and killed his own son in Old Forge back in July.
What police initially said was a mistake, 59-year-old Michael Leach is now charged with 2nd degree murder in the death of his son, Matthew Leach. After months of on-going investigation, Leach knew he could face charges in this case.
Officials say he turned himself in to state police in Rochester Tuesday afternoon.
An arrest warrant was issued for Leach after a grand jury reviewed evidence presented by the Herkimer County District Attorney's Office.
Leach is charged with 2nd degree murder and criminal possession of a weapon in the 2nd degree.
"I truly believe he killed his son, there is no question about that. Did he intend to kill his son, absolutely not," said defense attorney, Joseph Damelio.
Last July, leach fatally shot his son at in Old Forge motel room. He says he thought he was an intruder. Leach's attorney says leach was defending himself.
"The lights were out. It was dark; he was sleeping when it happened. His son walked into the room. It's a horrible thing for a father to go through. He wishes he could trade places with his son," explained Damelio.
Leach is a retired Rochester police captain and a part-time officer for the Village of Perry.
Officials say he fired his village- issued weapon the night of the Old Forge incident. He is currently under suspension and had not been working for the village since.
If Leach wants to post bail the judge has issued an order that he not possess any firearms.
"It's my understanding from open court that he does in fact own several fire arms that he is in the process of transferring. His attorney indicated that he would comply with court orders in that regard," said Acting Herkimer D.A. Jeff Carpenter.
Leach's attorney says they are in the process of posting bail that is set at $200,000.
He is due back in Herkimer County Court April 5th.