{"id":8408,"date":"2019-03-22T22:06:44","date_gmt":"2019-03-23T02:06:44","guid":{"rendered":"http:\/\/videonewsservice.net\/?p=8408"},"modified":"2019-03-22T22:06:50","modified_gmt":"2019-03-23T02:06:50","slug":"genesee-county-batavia-teen-sentenced-in-shooting-stabbing-on-central-avenue","status":"publish","type":"post","link":"https:\/\/videonewsservice.net\/index.php\/2019\/03\/22\/genesee-county-batavia-teen-sentenced-in-shooting-stabbing-on-central-avenue\/","title":{"rendered":"GENESEE COUNTY\/Batavia teen sentenced in shooting\/stabbing on Central avenue"},"content":{"rendered":"\n
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Samuel Blackshear<\/figcaption><\/figure><\/div>\n\n\n\n

Samuel Blackshear was sentenced to the minimum, 3 1\/2 years in state prison and 2 1\/2 years post release supervision in Genesee County Court on Friday afternoon. <\/p>\n\n\n\n

In November, Blackshear pleaded guilty to criminal possession of a weapon 2nd, a class C felony, in satisfaction of a four count indictment that was handed up in May of 2018. <\/p>\n\n\n\n

He was originally charged with attempted assault 1st, a class C felony, assault 2nd, a class D felony, and two counts of criminal possession of a weapon 2nd , a class C felony.<\/p>\n\n\n\n

Blackshear was 17 when he shot Nathanial D. Wilson, 30, in the leg after Wilson stabbed 41 year old Terry Toote to death on May 17, 2018 during a disturbance at Pringle and Central avenue about 11:30p.m.<\/p>\n\n\n\n

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Nathanial D. Wilson<\/figcaption><\/figure>\n\n\n\n

Wilson pleaded guilty to murder 2nd degree and is currently serving 20 years to life in prison. Jennifer Urvizu-Hanlon, 48, the woman who provided the gun to Blackshear, will go on trial in May. She faces two counts of criminal possession of a weapon.<\/p>\n\n\n\n

A person is guilty of criminal possession of a weapon 2nd when that person possesses a loaded firearm (pistol, revolver, handgun, etc.) outside his or her home or place of business without a permit or license regardless of how he or she intended to use the weapon. <\/p>\n\n\n\n

Blackshear’s attorney, James Hinman, requested that his client be sentenced as a youthful offender, however Judge Charles Zambito ruled there were no mitigating factors for Blackshear to be sentenced as a youthful offender.<\/p>\n\n\n\n

Judge Zambito said because the charge is an armed felony Blackshear cannot be considered for youthful offender status unless there are mitigating circumstances that exist.<\/p>\n\n\n\n

According to District Attorney Larry Friedman, Blackshear ran from the scene and did not cooperate with law enforcement and did not assist in the recovery of the gun, which is still out there somewhere.<\/p>\n\n\n\n

“The fact that he did not stay on scene, if he would have stayed that would have been a mitigating factor,” Judge Zambito said.<\/p>\n\n\n\n

Hinman says his client planted the gun elsewhere and a third person got rid of the gun. He says the third person is not going to come forward because they don’t want to be charged. Hinman says the 3rd party would have come forward if they were guaranteed they would not be charged, Friedman could not guarantee that. <\/p>\n\n\n\n

As far as for staying on scene to talk to police after the incident, Hinman told the court, “Seventeen year old black males usually don’t hang out to talk to police.”<\/p>\n\n\n\n

Hinman says the gun was thrown into a creek in moving water and still has not been located.<\/p>\n\n\n\n

Hinman also brought up the issue of self defense.<\/p>\n\n\n\n

“It (the gun) wasn’t brought out or displayed until after Mr. Wilson arrived and threatened people with a knife, it was displayed after Mr. Wilson stabbed Toot.”<\/p>\n\n\n\n

Judge Zambito says the pole camera video was significant in the case as it shows the black sedan in the area going up and down the street, the driver getting out and going to the trunk, getting the gun and then going back to the front seat, then Wilson shows up. As the confrontation is taking place between Toot and Wilson, Blackshear runs to the scene with a bat or a large stick, that shows there was going to be a confrontation. As Wilson was leaving, Blackshear new the gun was in that car.<\/p>\n\n\n\n

“This gun was in the area close by before the stabbing,” says Friedman.<\/p>\n\n\n\n

“The defendant went to the car, obtained the gun from her, spun around and fired the gun, 1, 2, and three times. This was not self defense, that gun was used for retaliation.”<\/p>\n\n\n\n

The Judge stated this was a Blackshear vs Wilson dispute. <\/p>\n\n\n\n

“Under the law, there is no justification for this crime, I can’t find mitigating circumstances, but I find aggravating circumstances. Based on what I have seen this is not something that was random, this appears to be ongoing with a violent confrontation, and the fact a gun was there.”<\/p>\n\n\n\n

The Judge went on to say even if he did find a mitigating factor he would still have to weigh the other factors in the case.<\/p>\n\n\n\n

-the gun was fired three times<\/p>\n\n\n\n

-Blackshear has a previous juvenile record<\/p>\n\n\n\n

-he was on probation at the time of the incident<\/p>\n\n\n\n

-26 times in the last 2 years Blackshear has been in trouble with the Genesee County Sheriffs and City of Batavia Police.<\/p>\n\n\n\n

-he also reportedly shot someone with a BB gun.<\/p>\n\n\n\n

“This was a form of street justice and it put an entire neighborhood at risk. A loss of life over something very senseless. This type of conduct and thinking cannot be tolerated,” said Judge Zambito.<\/p>\n\n\n\n

Before sentencing, Blackshear told the court this was never his intention to be in this position. ” I want to have an education and not have this hanging over my head the rest of my life.”<\/p>\n\n\n\n

As he left court Samuel Blackshear waved and blew kisses to his family. After court, Blackshear’s father, Bill Blackshear shared his thoughts on what happened in court.<\/p>\n\n\n\n

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