Anthony L. Fairley of Elmira Judge Peter C. Buckley sent him to state prison for 12 years on weapon and drug charges
Anthony L. Fairley of Elmira Judge Peter C. Buckley sent him to state prison for 12 years on weapon and drug charges related to the shooting of Anthony Hall Jr., also of Elmira.
With Hall's father looking on, Buckley went through Fairley's criminal history, noting he has prior drug and weapons convictions in Michigan from more than 10 years ago and also a 2005 felony conviction in Buckley's court.
Fairley, 29, had been paroled from prison for just two months on the 2005 conviction when the June 2 incident at Fairley's Magee Street apartment led to Hall's death. At his trial, Fairley contended that he shot at Hall because he feared Hall and another man were going to rob him.
"Mr. Fairley wasn't listening," said Buckley, referring to Fairley's previous convictions.
Buckley also noted that not only was one man killed in the dispute over drugs, but one stray bullet also went out the back door of Fairley's apartment and lodged in an Elmira College building across North Main Street.
"It flew 224 feet," Buckley said. "When you put drugs and loaded guns together, bad things happen."
Buckley followed his comments by sentencing Fairley to:
•The maximum of 12 years in prison for his conviction of felony third-degree possession of a controlled substance with intent to sell.
•Eight years on his conviction of fourth-degree criminal possession of a controlled substance based on aggregate weight of the cocaine involved.
•Three-and-a-half to seven years on a felony conviction of third-degree criminal possession of a weapon.
•One year on a conviction of misdemeanor fourth-degree criminal possession of a weapon.
The sentences will be served at the same time, meaning Fairley's term is 12 years.
But on top of that sentence, Fairley must also serve two years remaining on a previous conviction for which he was paroled, said John Thweatt, Chemung County assistant district attorney.
Before the judge sentenced Fairley, Thweatt urged that Buckley give the defendant the maximum prison term, saying that the dangerous mix of drugs and guns led to the death of one man.
"Mr. Fairley has shown no respect for the laws of New York state," Thweatt said.
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