With a large contingent of family and friends present in the court room, Colleen L. Nelson, 50, of Alabama was sentenced to a determinate sentence of 3 1/2 years in state prison and 5 years post release supervision during her sentencing on Wednesday afternoon in Genesee County Court. The maximum sentence Nelson could have received was 7 1/2 years.
Nelson stabbed a male co-worker during an attack at a candy production facility on S. Main street in Elba on July 29, 2020. Nelson came up behind her co-worker and started stabbing him with a large knife. The 59-year-old victim suffered non-life-threatening injuries in the incident.
Nelson pleaded guilty to attempted assault first degree, a class C felony, in July, waiving her right to a defense of mental defect. She has been confined to the Wyoming County Jail since her arrest last July. She has served over 400 days up until sentencing today. She was originally facing an attempted murder charge where she could have been sentenced to 25 years in prison.
According to District Attorney Larry Friedman, Nelson had declined psychiatric services previous to this incident and cancelled her appointment.
“She committed a very violent crime, she says she didn’t mean to injure her co-worker, its luck he was not injured more seriously,” says Friedman.
Nelson’s attorney, Greg Colavecchia told the court that his client is remorseful and is being responsible.
“No one is here to minimize the effect this crime has had on the victim,” says Colavecchia.
Colavecchia says his client has never been in trouble before, she is happily married with two adult sons and she is missing her family.
“The victim says the why is bothersome, we will never know the answer to that. It is self-evident in reports that my client was distant and had a medical issue, but this does not minimize the incident.”
Before Judge Zambito imposed his sentence, Nelson told the court how deeply sorry she was.
“I hope he(the victim) can recover from this terrible incident; this is not my normal character. I know God was there that day looking over both of us, I hope that you can forgive me,” Nelson said.
The victim was able to view the sentencing today virtually, but was not allowed to record the court proceeding or speak. According to Judge Zambito, the victim did not feel comfortable being in the court room with Nelson present. District Attorney Larry Friedman says the victim is suffering emotionally after the incident.
Acknowledging Nelson’s time in jail since the incident last year, Zambito felt that Nelson was showing an acceptance of responsibility, along with paying restitution.
“This didn’t have to happen,” said Judge Zambito. “The victim was in the wrong spot at the wrong time. You intended to harm him; this was no accident.”
Zambito told Nelson her suffering from untreated psychiatric issues played a role in the incident.
“Today you may be fine, but if you don’t address the mental health issues this will happen again. Seven 1/2 years won’t guarantee that this won’t happen again.”
An order of protection was served and will remain in effect until September 2033.
Nelson also paid restitution in the amount of $2,698.14 to the victim.
