Thursday, December 12, 2013

Court of Appeals: Ariel Myers to get a new trial for Griswold Heights shooting

The state’s highest court Thursday ruled the lower court judge inappropriately allowed testimony into evidence during the 2010 trial of Arial Myers, and ordered he stand trial again for shooting Robert Guynup in the Griswold Heights apartment complex in 2009.

MYERS
The Court of Appeals, in a brief two-paragraph decision, agreed with the dissenting opinion from the Appellate Division, which upheld the conviction of assault and weapons possession earlier this year. In a two-one ruling, the Appellate Division said Judge Andrew Ceresia properly allowed a witness to tell the jury he saw Myers waving a similar type handgun more than two months prior to the Guynup shooting. Meyers was never charged with a crime in that incident.

The Court of Appeals, however agreed with the dissenting opinion written by Judge Elizabeth J. Garry. She wrote that an uncharged crime can only be introduced to help the prosecution establish identity or if the prior bad act had been consistent with the defendant’s unique modus operandi. Assistant District Attorney Keith Muse called Robert Cruz to the stand during the August 2010 trial to tell the jury he saw Meyers waving a .25 caliber pistol at the apartment complex during party where a fight broke out.

“In the absence of clear and convincing proof of either of the two required elements – that defendant perpetrated the earlier uncharged incident or that he used a distinct modus operandi – Cruz’s testimony was so lacking in probative vale that it was necessarily outweighed by its potential for prejudice, and its admission was an abuse of discretion as a matter of law,” Garry wrote in the April decision.

She also pointed to the fact Cruz was the only one to testify despite the fact a number of his family members were present when Meyers allegedly brandished the handgun, that it was impossible to determine if the handguns in each incident were of the same caliber or even which specific caliber gun was used to shoot Guynup and that Cruz admitted to getting his own sentence reduced in exchange for his testimony. She also wrote that the fact Myers was in the area prior to the shooting was not unusual.

Meyers was convicted of shooting Guynup - who survived but was rendered extremely disabled and requires around-the-clock care to provide even his most basic needs - while Guynup was taking photos of a 3:30 a.m. melee, the second of the night, outside his house across the street from the apartment complex on Sept. 13, 2009.

A jury acquitted Meyers of attempted murder but Ceresia sentenced him to the maximum of 25 years in prison for the assault and another 15 years for weapon’s possession which were to serve concurrently.

It’s unclear when Myers will return to court. The Rensselaer County Public Defender’s Office defended Meyers during his trial and Eugene Grimmick handled the appeal.

 District Attorney Richard McNally could not immediately be reached for comment.

30 comments:

  1. i wonder how Judge McNally would rule in this case?????

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  2. The show has already begun. Great material wiltshire. Slide over high top and rude Cheryl. There's a new sheriff in town

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  3. Slide over loushbag Pete and city spokeswoman and her live show at the wine bar. Wiltshire is in the house

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    1. None of them look good in a skirt

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    2. She will be showing those puppies again tonight 1145 Vic's wine bar

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    3. Are you for real?? Pigs I swear.

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    4. Heard they are coming out at the Christmas party Lou is throwing the city floor employees

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  4. Wait till Sullivan tetas first letter. Lots of the same words I'm sure

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    1. Hopefully Teta will have taken some public speaking classes after her debacle at the Meet The Candidates night. Its no wonder she's writing a letter.
      What a joke this council is turning out to be for the next two years.

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  5. Hey 754PM, the Village called, they're missing their idiot, you better get back right away..Rodney got caught using a racial slur in an email, period..Don't bring in other Council members to try to defend someone who thinks he's smarter than everyone else..Ken Z is already in full defense mode so he can still be Rodney's Pro-temp or water carrier or whatever else you want to call him. Hard to believe Kenny works for the NYS Senate Republicans and stays a Democrat, oh wait no its not that hard to believe..

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    1. Erin you and Rodney will get along great. You use the same words

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  6. The only thing that could make this council a biggar joke is if Michele Delair was elected!

    ONLY IN TROY

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  7. Kenny brings Plunkett Gatorade before he throws game winning touchdowns. Go Kenny!

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  8. Free Cox from his demons

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  9. Free the girls Jess

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    1. This weekend showing at a bar near you

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  10. Free the Canadians living in Mark McGraths district

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    1. Free diamond dave from hightops for life coupon he got in 1984

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    2. Sorry --I was talking about the 2 families from TORONTO CANADA who recently moved to a 2 family on 7th Ave. Shove your urban dictionary terms --it's mostly gibberish

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  11. Free willy. I mean dr death

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  12. not flaggin the racist comments Mr. Franco? http://www.urbandictionary.com/define.php?term=canadians

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    1. So now the Urban Dictionary takes it's place next to Mr. Webster's work? Please --have you've seen some of the nonsense in there? Very offensive stuff if you ask me. I can never eat another, Honey Nut Cheerio again because of it

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  13. Canadians is a racist term? Thanks Chilly Willy

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    1. Are you saying rodney isn't black he's a Canadian. I thought with his baby blue eyes and cabbage patch face he was gender reassigned. Oh well

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