The sentencing of Samual Blackshear, the Batavia teenager who shot murderer Nathaniel Wilson in the leg after Wilson had stabbed Terry J. Toote outside a residence on Central Avenue, was delayed again today because his attorney received information that could effect Blackshear's eligibility for youthful offender status.
Blackshear entered a guilty plea in November to a single count of criminal possession of a weapon.
The plea agreement, which satisfied an indictment that included counts of attempted assault in the first degree, assault in the second degree, and two counts of criminal possession in the second degree, came with the promise that Judge Charles Zambito would consider granting the then 17-year-old youthful offender status. That would seal his court and criminal record in this case; the defendant is then never required to disclose the conviction to colleges or on job applications.
In preparing for sentencing, James Hinman did not receive a victim's statement from Wilson and did not believe such a statement existed.
Today, he learned that while Wilson did not make a victim's impact statement, he did make statements during his interview for his own pre-sentence investigation, that could have a bearing on the Blackshear case. Hinman asked for time to review those statements.
The content of Wilson's statements was not revealed in court.
In defending Blackshear, Hinman has maintained that Blackshear acted to protect the lives of people at the scene of May 17 murder. While the justification defense might have swayed a jury on the assault charges, Hinman did not dispute that Blackshear came into possession of a handgun he wasn't licensed to carry.
The gun allegedly came from Jennifer Urvizu-Hanlon, 48, then a local businesswoman, who did have a license for the gun. Her case is still pending.
Blackshear's case was continued to 3:30 p.m., March 2.
Even if granted youthful offender status, Blackshear could still be sent to prison for up to four years, or Zambito could put him on probation immediately.
Wilson, who admitted to second-degree murder, was sent to prison for a minimum of 20 years.
