Niagara Gazette

Courts

January 3, 2013

South End shooting suspect pleads

(Continued)

Niagara Gazette — Rubin was arrested the day after the shooting, Buck was taken into custody, without incident, in the area of 24th Street and Whitney Avenue a few days later.

Taggart was arrested a couple of weeks later, after a brief stand-off with Town of Amherst Police. 

Buck's plea means Murphy will not have to rule on a request by Rubin to have a separate trial in the case. In mid-October, Rubin's defense attorney asked Murphy to "severe" his client's trial from Taggart and Buck.

Philip Dabney argued that his client's rights to a fair trial would be violated because Buck had given a statement to Falls police detectives after the shooting. Since Buck will no longer face a trial, Rubin's request is unnecessary. 

While all three three suspects had been offered the chance to plead guilty to either second-degree assault or attempted second-degree gang assault, prosecutors have indicated that offer is off the table for at least Rubin.

At a November hearing, First Assistant District Attorney Doreen Hoffmann warned, "I have advised (Rubin's defense attorney) that if that plea is not taken today, it will not be offered again."

Dabney insisted his client wasn't interested and when Murphy asked Rubin if he understood it was his last chance to take a plea, he replied, "Yes."

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