Niagara Gazette — LOCKPORT — Niagara County Court Judge Matthew J. Murphy III is expected to rule in the next 10 days on a request to remove the lawyer of a Falls man accused of shooting a 2-year-old child in the face.
Prosecutors asked Murphy this week to toss defense attorney Angelo Musitano from the case of Willie “Boo” Scott.
Scott, 32, has pleaded not guilty to charges of first-degree assault, first-degree criminal use of a firearm and second-degree criminal possession of a weapon in the shooting that took place in the parking lot of the Hometown Market at 17th Street and Pierce Avenue on Nov. 27.
First Assistant District Attorney Doreen Hoffmann told Murphy her move to “disqualify” Musitano from representing Scott stems from the prominent Falls defense attorney’s prior representation of the child victim’s mother.
“He represented her on some misdemeanor charges in Falls City Court,” Hoffmann told Murphy.
The assistant DA did not detail the charges the victim’s mother had faced.
Musitano said he did not believe his representation of Scott would present a conflict. He told Murphy that if Scott could not have the defense attorney of his choice, the charges against him should be dismissed.
Scott’s lawyer says his client denies any involvement in the shooting of the now 3-year-old child.
The shooting took place just after 1 p.m., at a time when the convenience store was busy and people were out walking in the neighborhood. Investigators have said Scott was shooting at a man sitting in the front seat of the car.
Instead of hitting his target, Scott’s bullets slammed into the rear door of the vehicle, striking the child who was sitting in the rear seat.
The little girl suffered “two gun shots directly to the face.” She spent more than three weeks in Women and Children’s Hospital in Buffalo, undergoing at least two surgeries to remove a bullet and bullet fragments from her face.
The child is reportedly home now and recovering from her injuries.
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