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Trial date set in Days Inn shooting for co-defendants

By Howard B. Owens
Jacob Sponaugle Devon Wright

A Batavia man facing multiple criminal charges, many of them stemming from alleged acts after prior arrests, didn't show up in County Court this morning.

According to defense attorney Nathan Pace, his client, Devon Wright, called him this morning and said that last night he had dislocated his knee, couldn't walk, and was in much pain and so wouldn't be able to make it to court.

The court clerk then revealed that Wright had also called the court and said he wanted a new attorney so he wouldn't be showing up for court.

At the request of District Attorney Lawrence Friedman, Judge Charles Zambito issued a warrant for Wright's arrest.

Zambito then proceeded with setting a trial date for Wright on two of the charges against him, attempted criminal possession of a weapon 2nd and attempted criminal possession of a weapon 3rd, along with his co-defendant in that case, Jacob Sponaugle.

Sponaugle is charged with attempted murder, assault, 1st; criminal use of a firearm; aggravated criminal possession of a weapon, 2nd; criminal possession of a weapon, 2nd; and criminal sale of a firearm, 3rd.

Both men were allegedly involved in an attempted gun sale gone wrong on July 22, 2020.  A third person at the scene was shot and wounded in the lobby of the Days Inn in Batavia.

According to Friedman, Wright was the person attempting to buy the guns.

Details of what transpired at the Days Inn that night have not been released.

Soon after Zambiot set a trial date of Sept. 13, Wright walked into court (showing no signs of any injury).

Dressed in sweats and a t-shirt, he stepped to the defense table and informed the judge that he would like a new attorney.  His complaint about his attorney was that he didn't think he and his attorney were on the same page, that Pace had called up Wright and informed him they needed to meet, and that Wright needed to go to Pace's office. Because Wright's driving privileges are suspended, he said he couldn't drive himself there.

"I can't make somebody drive me there," Wright said.

Zambito denied Wright's request for a new attorney finding his reason this close to trial without merit.  He instructed Pace to work with his client to find a suitable time and place to meet,  Pace told Zambito that he needed a quiet and private place to meet with his client, which is why he asked to meet at his office. Zambito said that if Pace's office is difficult for Wright to get to, the courthouse has conference rooms they can use to meet. He told Wright it is unreasonable for him to expect Pace to come to his house to meet.

Among the other charges still pending against Wright are:

  • Larceny, harassment, and endangering the welfare of a child from November 2019;
  • Attempted assault 1st and resisting arrest from December 2019 when he allegedly ran down a person on Highland Park; 
  • Sexual conduct with a person less than 15 years old and two counts of criminal sexual act from May 2020.

Wright remains free on bail set in the Highland Park case and Zambito has expressed frustration at his inability to set new bail in subsequent cases due to New York's bail reform law.

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