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Ava man pleads to assault charge instead of attempted murder in August shooting

By WKTV News

Story Created: Nov 21, 2012 at 3:32 PM EDT

Story Updated: Nov 21, 2012 at 3:33 PM EDT

AVA, N.Y. (WKTV) - An Ava man who was originally charged with attempted murder for an August shooting on his property pleaded guilty Wednesday to a charge of assault instead.

Albert Nellenbach, 35 was charged in August after allegedly shooting Jesse Wilcox, 31, on Nellenbach's property, State Police said. Police say that Wilcox was at Nellenbach's residence at 11641 Webster Hill Road, along with his wife and his step-father, in order to look for his step-brother, Jared Platt who is described as a friend of Nellenbach's.

Wilcox's wife is identified as 26-year-old Christy L. Wilcox and his step-father is 50-year-old Lester Platt. According to authorities, the three looked around the outside of the house and then left without going to the door. They later returned to the house and observed Nellenbach in a sleeping bag in the tree line on the property.

As they walked towards him, police say that Nellenbach suddenly jumped up and started shooting a .22 caliber rifle at the group, striking Jesse Wilcox in the earlobe, elbow and back.

He is scheduled to be sentenced in Oneida County Court on February 6.

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