A 39-year-old Lockport man is facing a prison term of 50 years to life related to the murder of an Olcott man after passing a plea offer in County Court on Friday that would have capped his sentence at 20 years to life.
Edward Dunn told County Court judge Donald O'Geen that he understood the offer and that he was decling to accept it at this time, instead choosing to face a potential jury trial.
The plea cutoff date in the case is Jan. 8, but District Attorney Kevin Finnell said he can't say if Dunn will get the same offer again after turning down today's officer, which was a minimum of 15 years to life and a maximum of 20 years to life.
Defense attorney Casey F. Spencer said in court that there had been a meeting in the judge's chambers where the DA agreed to a possible sentence, if the plea was accepted, of 18 years to life.
Spencer said she did discuss the offer with Dunn thoroughly before he decided to turn it down.
Dunn is accused of killing Michael Poole and then hiding his body in the trunk of a car that was abandoned in the town of Alabama in March.
He is charged with murder in the second degree, a Class A-1 felony; assault in the second degree, a Class B felony; concealment of a human corpse, a Class E felony; and tampering with physical evidence, a Class E felony.
If he had accepted the plea, he would have admitted to murder and to concealment of a human corpse.
The maximum sentence by state law on the murder count is 25 years to life.
On the concealment count, Finnell was offering a sentence of 2 to 4 years, to be served concurrently with the murder sentence.
If convicted at trial, Dunn could be sentenced to the maximum on the murder charge. Because the concealment act could be considered a separate crime, and because Dunn has a prior felony conviction, he could get another 25 to life sentence on that conviction and have the two sentences run consecutively, giving an effective sentence of 50 years to life.
Finnell said the offer was put on the record today because Dunn was given a chance to accept it before motion hearings, which are scheduled for 11:30 a.m. on Dec. 13.
Also charged in the murder is Kathryn A. Henry, 33, from Lockport, who was arrested on April 19 and charged with murder in the second degree. She was accused at the time of conspiring with Dunn to kill Poole and hide his body.
Her next scheduled court date isn't until Aug. 19.
Also charged in the case is Norman S. DuBois, 45, of Lockport. He is charged with hindering prosecution in the first degree, tampering with physical evidence, concealment of a human corpse and conspiracy.
Dunn appeared in court on Friday dressed in the green jumpsuit of the state corrections system. He is being held at Elmira on a conviction in Orleans County on a count of burglary in the third degree. He was sentenced to a maximum of five years in prison in October. His first parole eligibility charge on that sentence is September 2026.
