Man gets prison for shooting person through wall

By Nate Robson / The Citizen

Thursday, November 19, 2009 11:41 PM EST

AUBURN - A 43-year-old Port Byron man was sentenced in Cayuga County Court Thursday to two to six years in prison for shooting into a Conquest home and striking an occupant in the leg as he slept.
Glenn Palmer, of 711 Howell Road, pleaded guilty on Oct. 18 to first-degree felony reckless endangerment for shooting a deer slug from a 20-gauge shotgun through the bedroom wall of a Spring Lake Road home, striking a 50-year-old man on Sept. 7.

During his plea allocution, Palmer said he had an ongoing feud with the occupants and knew he was shooting into the bedroom.

During sentencing, the victim told Cayuga County Judge Thomas Leone that he woke up to find a hole in his leg and that emergency workers told him he had been shot.

After Palmer apologized for his actions, Leone said he believed Palmer was remorseful and would abide by the plea deal.

First-degree felony reckless endangerment carries a maximum penalty of 2.3 to seven years in prison.

Also in court:

• A 40-year-old Auburn man was sentenced to five years of probation and six months in jail for fracturing a 73-year-old man's jaw during a road rage incident last May.

Kevin Smith, of 20 Mary St., pleaded guilty on Oct. 18 to second-degree felony attempted assault for punching the man in the face after the two got into a confrontation after almost getting into an accident.

While the victim was not present at sentencing, his wife said her husband was mentally scarred by the incident and had problems sleeping.

Cayuga County District Attorney Jon Budelmann said Smith has 14 prior arrests and convictions for assault, menacing and other misdemeanors.

Smith was originally charged with second-degree felony assault under a provision known as “Granny's Law,” which gives tougher sentences when people 65 and older are targeted for a crime by people at least 10 years younger.

If Smith had been convicted under “Granny's Law,” which was signed into effect in May 2008, he could have received up to seven years in prison.

• Matthew Wellington, 27, of 10331 Jordan Road, Jordan, who is a level-three sex offender, was sentenced to one to three years in prison for failing to report a change of address within 10 days.

• Jeremy Baker, 30, of 114 Oakleaf Drive, Weedsport, was sentenced to five years of probation for driving while intoxicated and aggravated unlicensed operation of a vehicle, both felonies.

Baker must also complete the county's felony drug court program.

• Michael Zirbel, 32, of 1548 State Route 34, Genoa, was sentenced to five years of probation for driving while intoxicated, a felony.

Zirbel must also complete the county's felony drug court program.

Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net

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