Police have arrested a Virginia man they say shot a Fairport woman inside Gitsis Restaurant on Monroe Avenue in Rochester early Sunday morning.
Police say 30-year old James Harvey of Virginia Beach is charged with assault and criminal possession of a weapon for shooting 31-year old Jackie Walker of Fairport inside the restaurant.
Police say they were approached by restaurant security about a man inside the restaurant with a gun. That's when police say during their investigation Harvey fired a shot, striking Walker in the lower body.
"The person who was struck was a female patron of the restaurant was not involved in any altercation, was not involved with a dispute with the individual. I can't say what his intent was, but it looks like the officer was just trying to remove the weapon from this person," said Chief James Sheppard of the Rochester Police Department.
She was taken to Strong Memorial Hospital where she is listed in guarded condition.
Police are continuing to investigate the incident.