This case coming on the heels of the dramatic cover-up of Marshawn Lynch's latenight hit-run-with-injuries is another example of 'double justice' under DA Frank J Clark.

How is Frank Clark's aggessive prosecution of a family tragedy created by teenaged stupidity going to make this family or the rest of Erie County safer? Indeed, it compounded the tragedly by distracting the family from investing their full energy into the victim brother's recovery.

In contrast, Clark's cover-up of a blatant hit&run by a high profile (drunk?) & rich athlete will certainly embolden others to drive when drunk, as well as to flee the scene should they be involved in an accident.

This case, in addition to many others, must be fodder in debates among the three candidates about needed reforms in the DA's office.

http://www.buffalonews.com/home/story/391682.html

Concord teen who shot his brother pleads guilty to assault charge

By Tom Buckham - News Staff Reporter, Updated: 07/14/08 11:54 AM


Claiming he did not know a shotgun was loaded when he fired at his brother in their Concord home last fall, Dominic "Nick" Drumstra III pleaded guilty to third-degree assault today in State Supreme Court.

Drumsta, 19, will face up to a year in prison, up to three years probation or a combination of jail time and probation when he is sentenced Oct. 6 for shooting his brother, Ryan, in the stomach with a deerslug after the two wrestled in the kitchen Nov. 24. Justice Christopher Burns made no sentencing commitment.

The defendant came to court with his parents and brother, who spent several months recuperating from the wound.

The family said from the outset that the shooting was accidental. The Erie County district attorney's office at first called it attempted murder, and got the bail set at $350,000.

But bail was reduced to $20,000 and Dominic Drumsta was released three months after the incident. Following today's plea, prosecutor Kristin St. Mary said the DA's office now agrees that the shooting was an accident.

The older brother's account "was consistent with our investigation," St. Mary said.

The prosecution originally offered a deal under which the defendant would have pleaded guilty to second degree assault, a Class D felony.

But Dominick Drumsta Jr., the boys' father, said in a February interview that the family did not believe a felony was called for, and rejected the offer.

"If we were to accept this, Nick would have to put this on everything for the rest of his life," the father said at the time. "It's awful, but it's an accident."

tbuckham@buffnews.com