Rochester man gets more than 15 years for 2022 shooting
(ABC 6 News) – A Rochester man who pleaded guilty to shooting at a stranger at a Holiday gas station in June of 2022 was sentenced Thursday.
Lionell Bailey, 39 of Rochester, was sentenced to 187 months or 15 years and a half months in prison, with credit for 350 days already served.
Bailey was found guilty by a jury in February of attempted murder, attempted murder while committing a drive-by shooting, drive-by shooting, assault with a dangerous weapon, and possession of a firearm by an ineligible person.
On June 15, 2022, Bailey he allegedly fired a gun at a 42-year-old man who was walking between the pumps.
There was no previous relationship or incident between the two, Capt. Casey Moilanen with RPD said.
Defense attorney Peter Gifford argued in court Thursday that the judge should drop the attempted first degree murder charges and bring them down to a drive-by shooting because Bailey did not know the person he shot at.
The defense argues due to Bailey getting high prior to the incident he was triggered from paranoia that caused him to fired between one to eight shots at a total stranger walking by the car he was in.
The defense added since no one was injured from the bullets shot, it gave significant reason for the first degree attempted murder to change to a drive by shooting.
Prosecutors disagreed saying it was a complete dismissal to the pre-sentence findings by the jury.
Judge Chase did not find the defense’s argument viable and kept the attempted murder charges.
Bailey was arrested a few days later in Winona.
Law enforcement discovered a second gun, which was not used in the Wednesday shooting, in the Winona apartment where Bailey was found, Moilanen said.
One element in his discovery was that Bailey, a predatory offender, had visited Rochester police to update his address early Wednesday, and there was security footage of him at the time.
He allegedly wore the same outfit in the security footage of the gas station shooting Wednesday night.