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Watch out !!! Dont mow the lawn to often !!!!

Discussion in 'Lawn Mowing' started by mowerconsultant, Aug 28, 2003.

  1. mowerconsultant

    mowerconsultant LawnSite Fanatic
    Male, from Syracuse, NY
    Messages: 9,769

  2. The Horseheads man who admitted shooting a neighbor with a pellet gun for mowing his lawn too frequently was sentenced Tuesday in Chemung County Court to five years in state prison.

    Kevin French, 46, of 109 Ferndale Drive, has been jailed since Oct. 4, the day he admits he shot Nicholas Lanzillotto in the head while Lanzillotto was riding his lawn tractor. Lanzillotto was hospitalized for two days following the shooting.

    French will receive credit for time already served in the Chemung County Jail, said Chemung County District Attorney John Trice.

    As part of Tuesday's sentencing, French agreed to pay $1,430.12 in restitution for Lanzillotto's expenses, which included damage to Lanzillotto's 1998 Dodge Durango. The Lanzillottos had asked for more than $17,000 in restitution.

    French also received three years' probation and was barred from having contact with the Lanzillottos for five years.

    During the sentencing, Judge James Hayden said he was impressed by French's initial remorse. However, the fact that "(Lanzillotto) lay collapsed in his driveway and the defendant (French) got in his car and drove away with the gun after the shooting" was "classic consciousness of guilt to conceal what was done."

    "We're very happy with the judge's ruling," Daphne Lanzillotto, Nicholas Lanzillotto's wife, said after the sentencing. "We just want closure. I can't wait to go home and tell our children that everything is going to be all right."

    The Lanzillotto family has filed a more than $1 million civil lawsuit against French.

    French pleaded guilty April 29 to second-degree assault, which carried a penalty of two to five years in prison under the plea agreement. He had been charged with attempted murder, two counts of assault and criminal mischief, for which he could have received up to 25 years in prison.

    In June, French wrote a letter to the court asking to withdraw his guilty plea. Hayden denied that request Tuesday.

    "This court was satisfied that the defendant (French) understood what he was doing when he entered the plea," Hayden said.

    The Lanzillotto family was given a chance to address the court before French was sentenced. Nicholas Lanzillotto did not want to speak. Instead, his wife spoke on his behalf.

    "As I watched my family at the beach last week, I realized how lucky we are that my husband is still alive," Daphne Lanzillotto told the court. "Mr. French's actions have caused our family tremendous stress and strain. The media has printed outrageous stories, which aren't true. My children fear their father might die every day."

    French maintained he never intended to shoot Lanzillotto. He said he was aiming for the lawn tractor.

    "I'm extremely sorry and I'd like to take full responsibility for what I've done," said French, who wore a county-issued orange jumpsuit to court. "I'm so, so sorry."

    John Parrinello, the Rochester attorney who represented French, asked Hayden to consider the presentence investigation, which recommended French receive a 10-month jail sentence and probation and that a protection order be granted to the Lanzillottos.

    Parrinello also asked the court to consider other factors.

    "(French) has no prior criminal record; no social life or history whatsoever. He's never married; he has no children," Parrinello said. "He's dedicated his life to his mother and father."

    French's mother died on Oct. 11, 2002, days after the incident. His father, uncle and cousins were in court Tuesday.

    Hayden did not say where French would serve his prison term.

    French, in a phone call from the jail late Tuesday afternoon, said he wasn't surprised by the sentence and intends to appeal the case immediately.

    "I expected five years. I was up all night thinking about it," French said. "Everything that took place today is what I expected."

    Damn shoot the trespasser and go to jail.
  3. GLAN

    GLAN Banned
    Messages: 1,647

  4. rob1325

    rob1325 LawnSite Senior Member
    Messages: 697

    Thats Sad
  5. tiedeman

    tiedeman LawnSite Fanatic
    from earth
    Messages: 8,745

    what a story
  6. pottstim

    pottstim LawnSite Senior Member
    Messages: 501

    Geesh. :eek: I am from Elmira originally and had no idea that ordeal took place. None of my family members living there had said anything to me about it. Matter of fact, I was there at the time visiting and left on the morning of October 5th. Thanks for posting.
  7. lawnman_scott

    lawnman_scott LawnSite Fanatic
    Messages: 7,547

    Isnt that where the Bodine brothers are from? Enough said.
  8. pottstim

    pottstim LawnSite Senior Member
    Messages: 501

    The Bodine Brothers are from Chemung, Ny, which is about 10 minutes down Route 17 East from Elmira. I was actually born in the same hospital the Bodines were. I have met Brett and Todd, and they were both very nice. The Southern Tier of NY is very pretty with rolling hillsides and the Finger Lakes to the North.
  9. Movinfr8

    Movinfr8 LawnSite Member
    Messages: 178

    now if French had run over him or blatantly caused a 6 lawn tractor pileup on the back stretch, then there'd be a connection!!:D
  10. Richard Martin

    Richard Martin LawnSite Fanatic
    Messages: 14,699

    pottstim wrote:

    I have met Brett and Todd, and they were both very nice.

    Yeah but neither one of them can drive a race car without crashing themselves and everybody around them out of a race.

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