A judge Tuesday described Emario Allen as a "vicious and dangerous criminal" as she sentenced him to 40 years in prison for his role in a robbery and shooting last November on Victoria Avenue.
"There was absolutely no reason for this violence," State Supreme Court Justice Penny M. Wolfgang told him during his sentencing.
A jury last month convicted Allen, 21, of Germain Street, of first-degree assault, attempted assault and two counts of first-degree robbery. Jurors, however, deadlocked on an attempted-murder charge against him.
The victim, Aaron Green, of Victoria, was shot in both legs outside a bar on Victoria. Buffalo police have said the shooting occurred about 3:15 a.m. on Nov. 12 when Allen and two other men approached Green and another man.
After the robbery, the attackers fled in a vehicle but were stopped a short time later by Northeast District officers, police said.
Green is now disabled, living with rods, screws and bullets in both legs, said prosecutor John P. Feroleto, who, with Assistant District Attorney Michael P. Felicetta, prosecuted Allen.
"This was an extremely violent robbery," Feroleto said.
"The residents of Victoria Avenue were also victims," Feroleto said.
Allen denied involvement in the crime.
"I do feel bad people were injured," Allen told the judge. "I had nothing to do with it. I'm not responsible."
"Mr. Allen, the jury disagrees with you," Wolfgang replied. "The court disagrees with you."
Two other men were arrested with Allen.
Cordero Jones-Hicks, 23, of Humason Avenue, faces up to 25 years in prison when sentenced on Sept. 4. He pleaded guilty to two counts of first-degree robbery.
Dwayne F. Gordon, 25, of Weyand Avenue, is scheduled to stand trial Oct. 9 on two counts of first-degree robbery.
Defense attorney Joseph J. Terranova asked Wolfgang to dismiss the attempted-murder count. She refused.
Terranova recounted Green's words during the attack.
"Mario, you've already shot me twice. What are you going to do? Kill me?" Green said, according to Terranova.
Then an accomplice said, "Mario, he knows who you are. You have to kill him."
Green rolled over, then heard four clicks of the revolver, Terranova said.
"Aaron Green had no idea who was holding the gun at the time he heard the clicks," Terranova said, pressing for a dismissal of the attempted-murder count.
For now, prosecutors have no intention of dismissing the attempted-murder count and are prepared for a new trial on that count, Felicetta said.
Allen's expected appeal would delay a new trial, he said. Prosecutors would decide whether to seek a new trial on the attempted-murder count after the appellate court rules on his appeal of the counts to which he was convicted, Felicetta said.
"But for the fact the gun was out of ammunition, Aaron Green would not be here today," Felicetta said.
