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Brian Brown convicted of shooting Oneida County Sheriff's Deputy, robbing banks

By PAT BAILEY

UTICA, N.Y. (WKTV) One week after his trial began, Brian Brown has been found guilty on all 12 counts, the most serious being aggravated attempted murder.

Brown robbed two banks, on separate days, and shot an Oneida County Sheriffs Deputy after one of the robberies in July of 2010.

The jury in the case wanted to hear the definition of "aggravated attempted murder" one more time Monday, while they were deliberating. About an hour after they did the jury came back with the guilty verdicts.

Brown sat without emotion as the jury read the guilty verdicts for all 12 counts.

Those convictions include several armed robbery, possession of a weapon, and the most serious, aggravated attempted murder, for shooting Sheriff Deputy Michael Burger.

Oneida County Assistant District Attorney, Kurt Hameline, said Monday he believes the jury was convinced when Deputy Burger took the stand.

" He could have gotten out of the car, run away, fired a warning shot," Hameline said. "But he turned and drew down on Deputy Burger and opened fire. Absolutely no need for it what so ever. Actions speak louder than words."

Browns appointed attorney, John Leonard, says he knew the prosecution had a case on most of the charges, except for the most serious one.

"I thought we had a chance on the attempted aggravated murder," Leonard said. "They would have to prove the intent. That was my whole argument from the day I met the jury right on through to the closing."

Brown will be sentenced March 24th. He is facing a minimum of 20 years to life on the aggravated attempted murder charge. He could receive as much as 40 years to life on that charge alone.

Brown also faces 25 years for each of the robberies he was part of, and another 15 years for possessing a weapon.

According to Leonard, his client was "a very difficult client throughout the trial."

Brown did not want his client to take the stand in his own defense but he did because he has a right to, Leonard said. Also one original juror was allowed to leave the trial because of a family emergency, after the alternates were let go.

One alternate was called back and ultimately it was up to Brown whether or not to allow the switch. Brown agreed but Leonard wanted a new jury with a new trial.

Despite that, an appeal will be filed on behalf of Brian Brown, Leonard said.

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