COOPERSTOWN, N.Y. (WKTV) - The case of a teen shooting another teen in Cooperstown in 2010 is headed to court-again.
Anthony Pacherille, Jr. was 16 years old when he shot classmate Wesley Lippit in the arm in the Cooperstown Police Station.
Pacherille plead guilty to attempted murder as a hate crime in exchange for an 11-year prison sentence. But Pacherille's current attorney says there is plenty evidence to show that the teen should have been sentenced as a youthful offender.
The Appelate Division court said no, but the Court of Appeals has agreed to hear the case.
"He suffered from a mental disease or defect that certainly affected his ability to understand what he was doing and it was an aberration from his past life," said Pacherille's attorney, Frank Policelli.
The teen's mental diagnosis and resulting treatment came after the crime. His father says, that's not all that unusual.
"Teenagers are very very good at hiding problems, emotional and psychiatric problems, and they hide it from their parents, they hide it from their teachers, and he was hiding this," said Anthony Pacherille, Sr.
Policelli expects the case will be heard after the first of the year.
If successful, the 11-year sentence would be commuted to one and a third to four and Pacherille would be released, having already served that.