He cooperated against accomplices and got 13 years in prison for weapon possession (video).
Syracuse, NY - The last of three men charged in the fatal shooting of a Syracuse cab driver received a break on his prison time - and an unusual thank you from the victim's family - as he was sentenced today.
Denny DeJesus broke down in tears as he offered an apology to the family of Timothy Gordon.
DeJesus had begun crying when Gordon's sister, Sherry, thanked him in court today for cooperating with authorities to bring the other two defendants to justice.
Timothy Gordon, 29, of Carbon Street, was found shot in the head in his overturned cab on Summit Avenue in the city's Strathmore neighborhood Jan. 29, 2009. He died the following day in the hospital.
DeJesus, 21, of Court Street, pleaded guilty in January to second-degree criminal possession of a weapon.
He had been promised a sentence of 15 years in state prison. But County Judge William Walsh today knocked two years off and sentenced DeJesus to 13 years in prison in recognition of his cooperation with authorities.
After DeJesus pleaded guilty to the gun charge and agreed to cooperate against his accomplices, 19-year-old Chuckie Phillips pleaded guilty to second-degree murder and admitted being the gunman who actually shot Gordon during a robbery attempt.
DeJesus then testified for the prosecution at trial against Eduardo Trinidad-Ayala, who ended up being convicted of second-degree murder, attempted robbery and criminal possession of a weapon.
Syracuse firefighters work to clean up the wreckage at Summit and Stolp avenues after cab driver Tim Gordon was shot in the head.Sherry Gordon today acknowledged those other two defendants may never have been convicted but for DeJesus. For that, she publicly thanked him in court.
But she said she also wished he had called 911 after the shooting, adding that might have made a difference for her brother. She then urged DeJesus to learn from his mistakes so he might be a better person when he gets out of prison.
"I would like to apologize for what happened," DeJesus said in court today before he broke down in tears and was unable to continue his remarks. Defense lawyer Christine Cook told the judge her client wanted to tell the family he was sorry.
Chief Assistant District Attorney Matthew Doran also commended DeJesus for his cooperation. But the prosecutor could not bring himself to specifically ask for a reduction in the promised 15-year sentence, leaving that to the discretion of the judge.
Authorities initially thought DeJesus was the killer based on information provided to police by Phillips and Trinidad-Ayala.
Given that his accomplices were blaming DeJesus, DeJesus' decision to cooperate and implicate the other defendants could have been motivated by his own self interest, Doran conceded today. But the prosecutor said he believed DeJesus' remorse was genuine.
Walsh granted the two-year sentencing reduction without comment. He also sentenced DeJesus to a concurrent penalty of seven years in prison for violating probation in an earlier assault case.
"I'm glad that it's over," Sherry Gordon said as she left court with other members of the family. "I'm glad that the family gets some closure."
But she also said she felt bad for DeJesus' family for losing him to state prison. DeJesus' mother left the courtroom sobbing after the sentencing.
Sherry Gordon admitted outside the courtroom that thanking DeJesus had been difficult as he, too, deserved to go to prison for his role in her brother's death. But she acknowledged DeJesus seemed to be genuinely remorseful, unlike the other defendants.
"It's a hard pill to swallow, but you have to be the bigger person," she said in explaining her willingness to thank DeJesus for his cooperation.
Nonetheless, she said, the defendants never needed to shoot her brother. Her brother probably would not have even given chase had they stuck to the original plan to just skip out on paying the cab fare, she added.
She also noted her brother had already offered the defendants a discount in the fare. It went from a $30 fare to $9 to free but ended up costing her brother his life, she said.
But she said she suspected her brother's soul was now at rest given the completion of the case. But even that won't make it easier for the family since they have to go on without their loved one, she noted.