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Utica, NY Attorneys, Lawyers and Law Firms
Directory of Utica, New York Attorneys, Lawyers, Law Firms, etc.
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United States Attorney News
Judge denies third trial for man convicted of murder
Nicholas Christopher Ferro was denied a third trial for the death of Marques Butler in 2009.
Ferro's first trial had ended in a hung jury. In his second trial, he was convicted of murder in the second degree last September.
However, he had asked for a third trial with Miami attorney Carlos Gonzalez pointing out several things, the main of which is that the charges should not have been murder in the second degree because of the scant amount of time that Ferro and Butler have known each other before the incident happened.
According to Ferro's defense, a murder in the second degree charge would require that the perpetrator and victim are familiar with each other thus the need for a time requirement on how long they have known each other basing on the murder laws of Florida.
However, the judge said the amount of time is not required.
With Ferro's demand for a third trial denied, a life imprisonment sentence looms for him.
Man cleared of theft charges
Kevin Keheley can breathe a sigh of relief after a jury exonerated him of theft.
Keheley was accused of defrauding a man after entering into a contract of developing an application for a smartphone, which he was never able to produce.
The contract was for $17,000 and Keheley was paid up front with $10,000.
Keheley then relocated to Austin but promised to finish the application. This, however, never happened.
Denver criminal lawyer Laurie Schmidt, who defended for Keheley, said that what happened was a business dispute.
Schmidt added that Keheley had no intention of running away from giving back the money that he received as evidenced by emails showing his intention to pay the money back.
Austin man convicted in shooting death of motorist
A sentence of life imprisonment looms for Darius Lovings after the jury found him liable for the death of William Ervin in 2012.
Court heard that Lovings had shot Ervin when the latter stopped to help him while he was pretending to have car trouble.
Austin criminal lawyer Jon Evans had asked the jury to consider that mental health issues have been at play during the incident.
Lovings had told the police after his arrest that he had heard voices.
Aside from Ervin's death, Lovings is also facing charges of robbery and attempted murder.
Ex-cab driver agrees to plea deal in murder charges
A plea deal agreement has Broderick Kenyo Smith admitting to manslaughter instead of capital murder in the death of Arlando Maurice Pritchett in 2012.
The plea agreement will have Smith serving just a year in jail for a split sentence of 10 years.
His jail stay will be followed with probation for three years.
Should Smith violate his probation, he could be made to serve the rest of his 10-year sentence.
According to the police, Pritchett had an argument with a cab driver prior to his shooting while Smith admitted that he had been driving a cab during the time of the incident.
Birmingham defense attorney Charles Salvagio said Smith had shot Pritchett because the latter had robbed him.
Cop gets two months for shooting trainee during an exercise
William S. Kern, a Baltimore Police instructor, was handed a 60-day jail stay, for shooting Raymond Gray, a police recruit, while they were doing exercises.
Kern, who has been in service for 19 years, told the court during his trial that he had brought a live gun to the exercises and he had accidentally used it instead of the training weapon.
Gray was hit in the head and was blinded in one eye when Kern fired his gun through the window to show the recruits the danger of lingering near the door, the window or the hallway.
Kern said that he brought his gun to the training for the safety of the recruits because the facility where they were having their exercises is not secure.
Baltimore defense attorney Shaun F. Owens had argued for Kern's release saying that his client's eventual dismissal from the service would already be enough of a punishment.
Kern is on a 60-day suspension while the Baltimore Police conducts an investigation within its ranks.
Gray's family, who expressed dissatisfaction with the sentence, has also filed a civil lawsuit in relation to the incident and is being represented by Baltimore litigator A. Dwight Pettit.