Appeal filed in 2010 Cooperstown Police Station shooting case
COOPERSTOWN, N.Y. (WKTV) - An appeal has been filed for the Cooperstown teenager that admitted shooting another teen in the village police station in April 2010.
According to Frank Policelli, the attorney for Anthony Pacherille Jr, the appeal has been filed and now, the Otsego County District Attorney will be given the opportunity to file a response. After that, Policelli replies and the two attorneys go to Albany to hold oral arguments on the case before a five judge panel in the Appellate Court.
Pacherille, who was 16 at the time, stopped his vehicle outside the baseball hall of fame, and chased down fellow classmate Wesley Lippitt, into the Cooeprstown Police Station where he shot at him twice, hitting him in the arm once. Pacherille then turned the rifle on himself, shooting himself in the chin. Both of the teens survived, and during his sentencing, Pacherille told Otsego County Court Judge Brian Burns "I shot Mr. Lippitt because he was African America." Members of Pacherille's family shouted "that's a lie," and one uncle was thrown out of court for his outburst during the proceeding.
The Pacherille family said at the sentencing that they believe Otsego County District Attorney John Muehl forced the teen to say that in order to get the 11 years instead of the possible 25 to life. Muehl said the evidence showed the attack was racially motivated and he wanted Pacherille to admit it in order to get the lead deal of Attempted Murder in the Second Degree instead of Attempted Murder in the Second Degree committed as a hate crime.
Although he didn't plead guilty to the hate crime, Pacherille admitted in court that his reason for targeting Lippitt was because of his race. D.A. Muehl says the evidence of racism stemmed from a statement Pacherille gave police after the incident, as well as a diary Pacherille wrote in that was turned over to the authorities by Pacherille's family.
Pacherille was sentenced to 11 years in state prison.
Last week, Pacherille's father, Anthony Pacherille Sr. was fined for a harassment charge, accused of harassing his son's victim, Wesley Lippitt.
It was at Pacherille Sr's court appearance last week where Policelli said the appeal would be filed because they felt Pacerille Jr should have been charged as a youthful offender.