A judge Tuesday acquitted a father and his two sons of second-degree gang assault charges that followed a bar melee in which a bouncer’s leg was broken.
In a bench trial, State Supreme Court Justice Christopher J. Burns found Sylvester Elmore, 52, Christopher D. Elmore, 28, and Peter Elmore, 25, all of Buffalo, not guilty after he heard closing arguments in the Buffalo courtroom.
At the time of the Feb. 5, 2012 arrest, police said Christopher Elmore and Sylvester Elmore – 6 feet, 230 pounds and 6 feet, 3 inches, 268 pounds, respectively –– assaulted the bouncer after they were ejected about 3:30 a.m. from the Barcelona On Pearl bar at 414 Pearl St.
Defense attorney John K. Jordan, who represented Peter Elmore, said the bouncer was hurt as the crowd surged toward a confrontation between the Elmores and the bouncer, and that his client did not intend to injure him. The dispute started when the younger Elmores – but not other patrons – were asked to remove their hats, Jordan said.
Defense attorney Andrew C. LoTempio represented Sylvester Elmore and attorney Joseph Agro represented Christopher Elmore.
The three faced possible 15-year prison sentences had they been convicted.