Nathaniel D. Wilson Jr. of Batavia appeared in Genesee County Court this morning for sentencing on a second-degree murder conviction.
Wilson, 31, was caught on police surveillance footage stabbing Terry Toote to death on Central Avenue in the city on May 17th.
Wilson previously accepted a plea deal in August on an Alford basis (meaning he didn't admit guilt but concedes a jury would likely find him guilty), thereby avoiding a potentially harsher sentence than he could have received if his case went to trial.
The sentencing proceedings started with several denied requests to have reports and recommendations from Wilson’s past stricken from the record by defense attorney Frederick Rarick.
There were a number of Toote’s family members in the courtroom where District Attorney Lawrence Friedman invited several relatives to make presentence statements.
Toote’s cousins Michelle and Oliver Little said Terry “was all about family” and that he leaves behind an 18-year-old son and 5-year-old daughter.
Toote’s cousin Dwayne addressed Nathaniel directly saying “Nate come waltzing in here like you don’t care. You got to wake up.” Adding that “You took away from our family and you took away from your family. You’re not going to be there for your kids.”
The victim’s sister Tinisha was less reserved in her presentencing statement, loudly proclaiming to Wilson “Nate Wilson I hate you. You took my m***** f****** little brother.” Toote said “I want to jump over there and whup your ass.” Adding “Come in here smiling, s*** pisses me off.”
Wilson said before being sentenced that he never meant to kill that man and that he was sorry for what he had done.
Judge Charles Zambito detailed the incident caught on the police pole-cam and said Wilson made the choice to stab Terry Toote in the heart after he had already fallen to the ground during the altercation.
Zambito deemed Wilson a danger to the community and sentenced him to a minimum of 20 years in prison and a maximum of life.
