(WNY News Now) – Mayville, NY – A 17-year old has been sentenced to 10 years in state prison followed by 5 years post-release supervision by Judge David Foley following the killing of 18-year old Joseph Misciagno on July 5th, 2022.
The defendant, who pled guilty to 1st Degree Manslaughter on January 8th, 2024, was denied youthful offender adjudication, which would have reduced the potential sentencing to 1 1/3 to 4 years. Being sentenced as an adult, the defendant faced up to 25 years in prison.
In a statement to WNY News Now, Michael Misciagno, the victim’s father, who asked the judge to enforce the maximum sentence possible, stated: “I’m entirely disappointed in the sentencing. I think it should have been double that, at least. From my perspective, life would have done [it], but I understand we have rules we’ve got to go by, but 10 years is a terribly short sentence. It was a miscarriage of justice. It only perpetuates more of the same, so you get off pretty easy by shooting somebody in the back and killing them.”
He then went on to thank both the Sherrif’s Office and the DA’s Office, lauding them both for the hard work they did to bring the case to completion.
Dominic Houston, a close friend of the victim, stated: “We all played with guns. Me, Joey, and [defendant], we all know what guns do. Me and Joe have both had the option to use guns, and we never drew our guns. [Defendant] knew what he was doing when he pulled this. He had an option and he made it.”
Leave a Reply