Niagara Gazette — LOCKPORT -- Marlyn Rubin doesn't know yet if he will get a separate trail from his co-defendants.
But he does know he won't get a plea deal from prosecutors.
During a brief hearing in Niagara County Court on Monday, Rubin again rejected an offer from prosecutors to plea to a lesser charge and testify against his two co-defendants in connection with a South End shootout in April.
"We had previously offered a plea (to a lesser charge) with a seven year (maximum sentence)," First Assistant District Attorney Doreen Hoffmann said. "I have advised (Rubin's defense attorney) that if that plea is not taken today, it will not be offered again."
Defense attorney Philip Dabney said his client still wasn't interested in a deal. When Niagara County Court Judge Matthew J. Murphy III asked Rubin, directly, if he understood this was his last chance for a plea, he replied that he did and that he did not want to take the DA's offer.
In mid-October, Dabney had asked Murphy to "severe" Rubin's trial from his co-defendants Jacob Taggart and Paul Buck. Dabney told Murphy that his client should not be tried along with Buck and Taggart because Buck gave a statement to Falls police detectives.
Prosecutors fired back that nothing Buck said to investigators would impact Rubin's defense.
Murphy had been scheduled to rule on Dabney's request on Monday, but said he could not. The judge said he first had to decide whether or not Buck's statement to cops could even be used by prosecutors at his trial.
A hearing on whether the statement can be used is scheduled for mid-December.
"I think we need to complete that hearing before I can rule (on a separate trial for Rubin)," Murphy said.