Niagara Gazette

January 10, 2013

Second suspect in South End shooting pleads

By Rick Pfeiffer
Niagara Gazette

Niagara Gazette — LOCKPORT — The second of three suspects in a South End shootout has taken a plea deal from prosecutors.

Just days after his co-defendant Paul Buck pleaded guilty to a single count of second-degree assault, Marlyn Rubin copped to the same plea and put a gun in the hand of the remaining defendant in the case.

In taking the deal from prosecutors on Thursday, Rubin said Jacob Taggart was the second of two gunmen who let loose with a spray of bullets doing a confrontation at 12th and Niagara streets in April.

During his plea hearing, Buck admitted to being a "shooter" during the incident.

Like Buck, Rubin will face a maximum term of seven years behind bars when he's sentenced by Niagara County Court Judge Matthew J. Murphy II. Murphy made no commitment on a cap on the number of years that either Rubin or Buck may serve.

The two Falls men had faced charges of first-degree assault and first-degree reckless endangerment in connection with the South End shootout. Taggart continues to face those charges and is scheduled to go to trial on them on Jan. 28. 

Detectives have said the trio were all involved in a hail of gunfire left a Falls teen with gunshot wounds to his arm and chest.

Witnesses told detectives a dark-colored car, with three men inside, rolled up on a group of young men who were gathered on the street corner. The suspects in the car then reportedly tried to start a fight with the men who were on the corner.

As the yelling between the men in the car and the men on the corner escalated, two of the suspects in the car brandished handguns. As the men on the corner began to run away, the armed suspects began firing at them.

Rubin said he was in the car with Buck, Taggart and a fourth man who could not identify as they rolled up on the group of young men on the corner. He said Taggart had a gun before the shooting started and was still holding a gun when it ended.

Detectives said Anthony McDougald, 18, was shot in the left arm near his bicep. The bullet then went through the arm and entered his chest. He has now recovered from his wounds.

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.