LOCKPORT – A Niagara Falls man, charged with two armed robberies and a shooting, rejected a plea offer with a maximum seven-year prison term Tuesday.
Instead, Michael D. Agee, 19, of 16th Street, will go to trial Monday in Niagara County Court in the robbery case. He could be sentenced to up to 35 years in prison if he is convicted on all counts, defense attorney Angelo Musitano said.
After that, Agee still faces the shooting case, which could bring him an additional 25 years if he is found guilty. Musitano said in open court that he thought Agee was going to take the plea deal, but the defendant changed his mind after talking with members of his family. Musitano wanted it known that he advised Agee to plead guilty.
Assistant District Attorney Theresa L. Prezioso said Agee had been offered a plea to a reduced charge of attempted first-degree assault, which would have covered all the charges against him.
County Judge Sara Sheldon Farkas said she had told the attorneys that she would agree to sentence Agee to no more than seven years in prison if he took the plea. Farkas said she won’t let Agee change his mind when the trial starts Monday.
Agee is charged with first-degree robbery, attempted first-degree robbery and two counts of second-degree robbery for allegedly using a handgun while trying to rob Rizzo’s Used Furniture on 18th Street in the Falls on Dec. 17, 2010, and for allegedly stealing a delivery man’s car at gunpoint two nights later at 16th Street and Cleveland Avenue.
He was out on bail when he allegedly shot a man in the arm while the victim sat in a parked car July 14 on Eighth Street.
In other cases Tuesday, Heather A. Fuller took a plea deal in connection with dumping the body of a man who died of a drug overdose. Fuller, 23, of Seventh Street in the Falls, admitted to attempted tampering with physical evidence and faces up to a year in jail when Farkas sentences her Jan. 25.
David C. Brandl, 22, of Lockport, died from a combination of heroin and cocaine on the night of April 26-27 in the apartment of Miguel E. Febres, 33, of Zimmerman Street, North Tonawanda. Fuller was present at the time, and she and Febres called Alix Devereaux, 27, of Lincoln Avenue, Town of Lockport. The three hauled the body more than a mile to Mayor’s Park and left it to be discovered by a National Grid crew the next day.
Devereaux pleaded guilty to attempted tampering with physical evidence in North Tonawanda City Court on Oct. 11. City Judge William R. Lewis is to sentence him Dec. 13. Febres, who shared cocaine with Brandl, pleaded guilty before Farkas Aug. 2 to a felony count of evidence tampering and is to be sentenced Nov. 16.
Also Tuesday, Jesse A. Johnson, 34, of Pine Avenue, Niagara Falls, who fired several gunshots out of the second-floor window of his apartment Sept. 5, pleaded guilty to attempted third-degree criminal possession of a weapon and was set for sentencing by Farkas on Jan. 8. Johnson was arrested after police broke into his apartment following a two-hour standoff and seized four guns.