Erie County District Attorney Frank A. Sedita, III announced that 24 year-old Westlee Garner, of Warwick Avenue, Buffalo, pleaded guilty, as charged, to one count of Attempted Robbery in the First Degree and one count of Criminal Possession of a Weapon in the Second Degree before Erie County Court Judge Thomas P. Franczyk. These are the highest charges for which Garner could have been convicted had he gone to trial.
On December 29, 2012, Garner attempted to rob a motorist, at gunpoint, as the victim was filling his vehicle with gasoline at the Sunoco station on Fillmore near Kensington Avenue in the City of Buffalo. The victim grabbed Garner by the arm, wrestled with him, and seized a loaded .45 caliber revolver. Meanwhile, the Sunoco clerk notified the Buffalo Police. Officers Andrew Whiteford and Charles Miller responded within minutes and took Garner into custody.
The case was successfully prosecuted by Assistant District Attorney Ryan D. Haggerty who is assigned to DA Sedita’s Felony Trial Bureau. Garner faces a minimum of 3½ years and a maximum of 15 years in state prison when sentenced on March 21, 2014 at 9:30 a.m