Sunday, February 14, 2010

MURDER CHARGE DOWNGRADED

The Buffalo News reports on the status of Gwendolyn Garcia who stabbed to death Randy Whitney at the Hartland Hotel a month and a half ago...


Gwendolyn Garcia, who is charged with stabbing her boyfriend to death Christmas morning in Hartland, called 911 to report the incident and was guided through an attempt to save the victim’s life, the arresting officer said Friday.

Although neither attorney in the case would confirm it, that fact may have played a role in a Niagara County grand jury’s decision to downgrade a murder charge against Garcia to first-degree manslaughter.


The article goes on to explain the difference between the two...


Second-degree murder, which is what Garcia originally was charged with, is defined as intentional killing and carries a maximum sentence of 25 years to life in prison.

First-degree manslaughter is causing someone’s death while only intending to cause serious injury. The sentence for that is limited to 25 years.


The News also made note of Whitney's background....

(Officer) Weidel confirmed that there was a history of domestic violence reports against Whitney, who was a Rochester-area native.

“The majority of them were in Monroe County. They were just complaints, didn’t rise to the level of arrests,” Weidel said.



Read the entire story online -- complete with interviews with police and lawyers and analysis of what's next -- at:

http://www.buffalonews.com/cityregion/niagaracounty/story/956369.html