Excerpts from the Statement by Judge Brian Burns.
The complete Statement appears in the Daily Star - Oneonta, N.Y. July 23, 2011.
Note: This decision by Judge Burns was sustained in 2015, on an appeal by Pacherille to the New York State Court of Appeals by a vote of 6-4.
". . . On April 2, 2010 Anthony Pacherille attempted to murder Wesley Lippitt by shooting at him not once, but twice and then he turned his weapon on himself. In Anthony's own words he chose to attempt to murder Wesley Lippitt because Wesley Lippitt is an African-American. Racism is an ugly and hateful belief and most decent well-meaning people find it hard to believe that a neighbor or friend such as Anthony Pacherille could harbor such beliefs. . . . It would be easier to believe Anthony Pacherille's actions were caused by mental illness, or any other reason except for racism. But to blame Anthony Pacherille's actions on anything but racism is to ignore his own statements and the reality of Anthony Pacherille's experience. . . . He wrote a letter explaining his beliefs and the reasons for his actions on April 2, 2010. The following are Anthony's words from a letter which was produced and entered into evidence before the Grand Jury. . . . 'I don't even want to live in this world. Niggers and Jews will bring this country down but no one seems to see it coming. All of these social parasites - Niggers, Jews, Mexicans, South Americans. The Nazis were the last chance to secure the power of Europe and the white race. I don't want to live in a world where there is no white majority. The meaning of life died when Europe's power declined and fascism failed. There is no point in living. I can no longer sit here and watch the blacks and Jews taking over everything that white people created. The damn Jews and Niggers have won. My last words will be Hitler lives.'
. . . It has been argued that his attempted murder of Wesley Lippitt was a onetime aberration caused by his mental illness and that Anthony presents no danger to the community. These arguments ignore the facts and are not valid.
At his request I've thoroughly reviewed the psychiatric reports submitted by Anthony in preparation for today's sentencing. . . . Anthony related to this doctor that he felt that he was better than his classmates and that he was more intelligent than most people. He told this doctor that on the day in question he knew exactly what he was doing. . . . This doctor also specifically asked Anthony questions about his potential future conduct. He absolutely denied having thoughts of trying to kill someone else in the future - except when he is irritated. When asked what he would be doing if not in jail he told the doctor he was afraid that 'something would happen again, something bad.'
. . . That's not to say however,that Anthony does not suffer from mental illness. It is clear that he does. The scope and severity of Anthony's mental illness has been an issue throughout these proceedings. . . . The Court repeatedly scheduled hearings to give Mr. Pacherille the opportunity to demonstrate the extent of his psychiatric needs. Defense counsel repeatedly asked for these hearings to be adjourned and ultimately withdrew them altogether.
. . . The Court wanted to be assured that Anthony was competent to make decisions in this case. Accordingly, the Court on its own, ordered a competency evaluation under Article 730 of the Criminal Procedure Law. This is an independent evaluation submitted directly to the Court. . . . in short, after considering these independent evaluations, as well as other evidence in the record at the time the defendant entered his plea, the Court found that the defendant was unquestionably competent to stand trial in this case and equally competent to enter a plea bargain. Significantly, he was competent to evaluate and withdraw his claim that he was not guilty of the crime due to a mental disease or defect.
There can be no question but that our nation has a troubled history of racism. Nor can there be any question that our nation is devoted to the ideal and philosophy that all people are created equal and that their worth is not determined by the color of their skin. This ideal of equality and opportunity is the beacon that draws people from all over the world to America.
When Anthony Pacherille chose to kill Wesley Lippitt because of Wesley's racial heritage, his conduct reverberated far beyond Wesley and his family and has impacted the entire community. So the response from the community to this crime must be as serious as the crime itself. It must include a lengthy period of incarceration so that it is clear racist and bigoted views are rejected in their entirety. (It) is also necessary so that Wesley Lippitt knows that he is a valued member of our community and that his scars, both internal and external, are not and will not be forgotten. . . .
But it is also true that our system of justice requires a consideration of the defendant's individual circumstances. Anthony Pacherille is a teenager and perhaps lacks maturity and experience to appreciate how destructive his views and actions are. In addition, Anthony Pacherille undoubtedly suffers from one or more mental illnesses. His psychological needs, coupled with his age and the possibility of rehabilitation are mitigating factors that justify a deviation from the maximum. I approve a reduction from the 25 years he could have received had he gone to trial and been convicted, to less than half - 11 years - with credit for the year he has already served. . . . It must be noted that his mental illness does not justify his conduct or excuse his actions . . . To suggest otherwise does a grave disservice to the approximately 40 million Americans who suffer from some sort of mental illness at any given time and do not commit acts of extreme violence and hatred. Let me be clear - depression does not cause racism. Anxiety does not cause anti Semitism. A bi-polar disorder does not cause pro-fascism. And none of them cause a person to attempt murder.
Even though Anthony Pacherille agreed to plead guilty, as an adult and serve an 11 year sentence in return for the District Attorney reducing or dismissing every charge against him, he now asks the court to vacate (that is essentially erase) his conviction and sentence him to little or no additional jail time as a youthful offender. The court has considered this request and denies it. . . .
Based on the foregoing, it is the ORDER of the COURT that Anthony Pacherille serve a determinate period of incarceration in the New York State Department of Corrections System of 11 years; it is further ORDERED that he provide a sample of his DNA for inclusion in the State Registry, pay a $50 collection fee. He is further required to pay a total of $320 Crime Victim Assistance Fees and Surcharges. The Court is further entering an Order of Protection which prohibits Anthony Pacherille from having any contact either in person or by mail or any other means with Wesley Lippitt. The defendant is to receive appropriate psychiatric and mental health treatment during the course of his incarceration. He is to receive credit for the time he has already served in jail against his prison sentence. . . . "
