Jarrett C. Coniglio, 30, of Basom, NY, Tonawanda Indian Reservation, was sentenced to 12 years in prison in Genesee County Court on Friday morning. Coniglio pleaded guilty to attempted murder 2nd degree, a class B violent felony, in a plea deal in May of 2023. Coniglio was also sentenced to 5 years post release supervision. Under the plea agreement, Judge Cianfrini Lightcap could have sentenced Coniglio to a maximum of 14 years.
The 12-year sentence will run concurrently. Coniglio is currently serving 5 years in prison after being convicted of assault 2nd degree, a class D felony, aggravated DWI/1 prior conviction within 10 years, a class E felony, and attempted forgery 2nd degree, a class E felony. He started serving his sentence in June of 2022.
Previously:
GENESEE COUNTY/Man indicted on felony assault charges – Video News Service
Before sentencing, Coniglio’s attorney, Louis C. Mussari filed a motion to withdraw from the plea deal after information came to light after entering the plea.
Mussari says his client informed him of information that was withheld from the court that justifies what happened, and where and how it happened. Mussari says information was also withheld from the defense during the case.
“The interesting part in this case is that the complainant wasn’t available and did not want to go forward. There is an obligation that the prosecutor has to speak to the witness and be ready for trial. We put in a motion because that didn’t happen in this case. After indictment, they never spoke to the person. I think that’s an issue,” says Mussari.
“There’s no statement from the complainants, they didn’t respond to anything, it goes to show they were not available which means they were probably not ready, which means this case should be appealed,”
Judge Melissa Cianfrini Lightcap denied the motion and sentencing continued.
Coniglio was originally facing a 5-count indictment and was charged with assault 1st degree, a class B felony, criminal possession of a weapon 3rd degree, a class D felony and intimidating a witness 3rd degree, criminal mischief 4th degree, and menacing 3rd degree, after an incident on Sandhill Road on the Tonawanda Indian Reservation on April 11, 2022 at 1:51a.m.
Coniglio attacked a male victim in his residence in the bathroom, stabbing the victim with a knife over 20 times according to First Assistant District Attorney Joseph Robinson. The victim did undergo surgery and recovered. ADA Robinson also cited a history of charges for Coniglio that started in 2012 and continued to escalate through 2022.
Previously:
“I think the court weighed all the factors in both sides that spoke at sentencing. My side, the prosecution, looked towards what happened to the victim, the nature of the crime. The defense laid out an argument in regard to the reasoning behind it, the justification. There is no excuse for what he did. I would still ask for 14 years, but the court, in their determination, they weigh all the factors, all the letters, the reports, the pre-sentence investigation and Judge Cianfrini Lightcap made the decision for 12 years,” said Robinson.
Coniglio spoke before the court and apologized to his family for putting them through the stress.
“I’m sorry,” he told Judge Cianfrini Lightcap. “Find it in your heart to sentence me to the lowest time so I can be there for my daughter and my family.”
Judge Cianfrini Lightcap responded after reading several letters that were submitted by Coniglio’s family along with a psychological evaluation.
“I’ve seen your family here for every appearances, I see their love for you. There are parts of you that you have to deal with head on,” said Judge Cianfrini Lightcap.
“Your childhood was not good; these things tend to be impressed upon us for the rest of our lives. Having an accident where you almost died. These are things that brought you to this place. Then there are cultural differences that made it difficult for you to access services. I am sorry you had to go through these things, at the same time you’ve taken responsibility for these acts. There are some good things about you, you are a redeemable person. I believe you have the capacity to change. You will have to work hard to do that. You’re going to have some time in prison. Are you going to come out rehabilitated? Are you going to take advantage of your time so when you leave you will be a new person?” said Judge Cianfrini Lightcap.
Immediately following the sentencing, Coniglio’s attorney filed a notice of appeal to preserve Coniglio’s right to appeal.
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