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Sunday, November 8, 2009

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Suspect pleads not guilty to 1975 killing

News Staff Reporter

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The family friend accused of sexually assaulting and killing a 19-year-old Buffalo woman in 1975 wants to work out a plea deal after being indicted today -- some 34 years after the crime.

The attorney for Bernard Thomas Jr. said he wants to work out a deal after Thomas was indicted in the shooting death of Michelle Dixon. Thomas -- who's been arrested more than 50 times -- was charged with one count of intentional murder and two counts of murder while committing sex crimes.

Joseph A. Agro, Thomas' court-appointed attorney, entered not guilty pleas today on his client's behalf during an arraignment before Erie County Judge Shirley Troutman.

Afterward, Agro said Thomas has been the only suspect in the case for the past three decades. He said his client admits he had sex with the murder victim and may have been the person who called 911 after she was shot. Agro said the case will come down to whether Thomas "intended to kill her."

Citing Thomas' 56 prior arrests, Troutman ordered him to remain jailed without bail following his arraignment for second-degree -- or intentional -- murder and for murder while committing two felony sex crimes.

Dixon was found face down in her bed, with a pillow over her head and small-caliber bullet wounds in her head and back on May 20, 1975. Her mother and brother were in the Carl Street home when the slaying occurred.

Thomas, a friend of Dixon's boyfriend, was always considered a suspect. However, he wasn't arrested until the victim's relatives heard a rumor that the case had been reopened. When they contacted police, they learned the rumor was false.

However, the family's inquiry prompted Buffalo's Cold Case Squad to take another look. They did a DNA analysis of some left-over physical evidence and talked to retired detectives who mentioned that Thomas had been a suspect from the start.

The squad then got a DNA sample from Thomas, 55, of South Division Street, and he was arrested May 18.

Prosecutor Gary W. Hackbush told the judge the Erie County District Attorney's Office stands ready for trial, but he declined further comment as he left court. The judge scheduled a Dec. 14 jury trial.

Thomas's wife and two female relatives left the courtroom without comment.

mgryta@buffnews.com


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