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Not Guilty | News, Sports, Jobs

Not Guilty | News, Sports, Jobs

Tucker Richard was found not guilty in the shooting death of his stepfather, Scott Blake, on January 6, 2023. He left the Chautauqua County Jail a free man on Tuesday. PJ photo: Gregory Bacon

MAYVILLE – Tucker Richard walked out of the Chautauqua County Courthouse a free man Tuesday.

At 11:30 a.m., a jury found Richard not guilty of both second-degree murder and the lesser charge of criminally negligent homicide in the death of Scott Blake.

Defender Nathaniel Barone hugged Richard as soon as the verdict was announced by the jury foreman. Loud sighs and cheers could be heard.

Judge David Foley warned everyone against further outbursts, and those in attendance fell silent. He thanked the jurors for their service. There were six men and six women, as well as two female alternate jurors.

Richard had two family members in the courtroom: his grandmother and his great-aunt. Both were overcome with emotion and declined to comment immediately. His grandmother, Judy Richard, hugged Richard as he began to cry.

On January 3, 2023, Richard, then 18 years old, died at 2256 Willard St. Ext. He killed his stepfather, Scott Blake, by shooting him in the head with a shotgun at their home at . It’s in the town of Ellicott, not far from the Jamestown town line.

The prosecution argued his actions were intentional, but the defense said it was self-defense.

Barone thanked jurors for finding his client not guilty of both charges.

“Justice is the beginning of everything. “This is about the system, the functioning of the system,” he said.

Barone noted how Richard, now 20, has found a new life. He would have faced 25 years in prison if convicted of second-degree murder.

“But if the jurors’ effort, their work, and their decisions had turned out that way, he would never have gotten that second chance,” Barone said.

The trial began on October 21 and lasted 10 days, plus three days of deliberation. The prosecution had 15 people testify, while the defense had Richard’s grandmother, Judy, testify on his behalf. He was not allowed to appear in court until he testified at the hearing.

Two members of Blake’s family were in court Tuesday; a sister and an ex-wife. They appeared angry, with tears in their eyes, and began speaking to District Attorney Jason Schmidt and other members of his team after the verdict.

As he and Schmidt walked off the field, they said they were not interested in commenting at the time.

Two of Blake’s sons were in court during the hearing, but they live out of state and were apparently unable to return Tuesday as the trial was in its fourth week.

Schmidt said he was extremely disappointed in the decision.

“I’m not going to sugarcoat this. … I am personally devastated about this. “I feel like I let my family and law enforcement down,” he said.

Schmidt later talked to the jurors about their decision but wasn’t sure what else could be done.

“When I talk to jurors after a trial, I always try to learn from these verdicts because it can give you some insights that sometimes when you’re a participant in the process you can lose perspective. “But even after talking to the jurors, I was surprised at where their analysis took them,” he said.

According to Schmidt, jurors said they wanted to learn more about Richard’s past and his relationship with his stepfather; This was something the court would not allow to be shared.

“The statement is: ‘The prohibitive value could not outweigh the prejudice.’ “There is always evidence to be excluded to protect the rights of the accused,” he said.

The Post-Journal/OBSERVER spoke with four jurors and invited them to comment on their verdicts. All four refused, except one who said, “I’m glad it’s over.” Other jurors had left the court before they were approached.

This is the first murder case Schmidt has prosecuted since being elected district attorney in 2020.

Before the trial began, Schmidt noted that both his office and the Public Defender’s Office offered various plea deals to avoid the trial.

“We could not close this gap here,” he said.

Still, he is disappointed.

“I believed in the cause. I believed in the evidence and integrity of the investigation. We believe that the theory of the case we presented to jurors is exactly what happened here. The fact that there is a verdict of not guilty here does not change my perspective on the case. “This makes me question what I could have done better to get a conviction,” he said.