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Man gets 20 years for revenge killing

Published:July 29, 2010, 12:21 PM

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Updated: July 31, 2010, 2:24 PM

 Eric Batherson, a learning-disabled 18-year-old, today was sentenced to 20 years in state prison for fatally shooting the teen he thought had assaulted one of his brothers.

     Batherson shot Ruel Cotto, 17, on the Scajaquada Bike Path sometime on the morning of Nov. 14, in retaliation for Cotto having beaten one of his two siblings. He was arrested three months later and pleaded guilty to first-degree manslaughter.

     At today's sentencing, Senior Erie County Judge Michael L. D'Amico told Batherson his "poor decision" in shooting the Burgard Street boy has resulted in "two heartbroken mothers."

     Batherson's mother and his victim's mother were both in court for the sentencing but declined comment afterward.

     James F. Bargnesi, chief of the district attorney's Homicide Bureau, said Cotto's mother consented to the plea deal. Batherson, of Gold Street, had been charged with second-degree murder and a weapons count.

     Defense attorney Andrew C. LoTempio told the judge he advised his young client, a learning disabled ninth-grade dropout, not to comment during the sentencing because "he is not well spoken."

     LoTempio told the judge his client's mother had to raise three boys alone after her husband committed suicide years ago and Batherson mentally is "probably unequipped to make rational decisions."

mgryta@buffnews.comnull

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