Erie County District Attorney Frank A. Sedita, III announced that 40 year-old Benjamin Addison of 220 Cayuga Creek Road, Cheektowaga, was convicted after a jury trial of Assault in the First Degree before Acting Supreme Court Justice Russell P. Buscaglia.
On August 12, 2013, Addison viciously attacked Anthony Osbourn after a near fender bender in a gas station parking lot at 1624 William Street in the City of Buffalo. After the motorists exchanged words, Addison exited his vehicle, chased Osbourn down, tackled him to the ground, and nearly stabbed him to death.
Addison was indicted for Attempted Murder in the Second Degree and Attempted Assault in the First Degree. Addison’s defense team of Cheryl Meyers-Buth and Jessica Kulpit, outside the presence of the jury, asked the presiding judge to dismiss the Attempted Murder charge. Justice Buscaglia did so, finding that chasing down an unarmed man with a knife and repeatedly stabbing him in the chest while yelling, “I’m going to f-----g kill you” was not enough to prove an intent to kill.
Having successfully prevented the jurors from deliberating on whether the defendant was guilty of Attempted Murder, Meyers-Buth and Kulpit then argued, to the jury this time, that the defendant had every right to chase down the victim from behind and nearly stab him to death. The jury rejected Addison’s self-defense claim and returned a guilty verdict, deliberating for under two hours.
Addison faces a maximum prison term of 25 years when he is sentenced by Justice Buscaglia on August 20, 2014 at 9:30a.m.
The case was successfully prosecuted by Assistant District Attorney John P. Gerken, Jr., who is assigned to DA Sedita’s Felony Trial Bureau.