Shooting victim will have to wait

CANTON — State Supreme Court Judge David R. Demarest has ruled it is premature for a Hammond man to recover monetary damages for injuries he suffered when he was shot by a would-be robber.

James H. and Cheryl Snyder, the proprietors of Edwardsville Grocery, had hoped for speedy justice, arguing that Patrick R. Ashley, Ogdensburg, either intentionally shot Mr. Snyder with a .22 caliber rifle during a botched robbery Nov. 15, 2007, or acted negligently. The lawsuit seeks unspecified damages.

Mr. Ashley entered the store, demanded cash and was confronted by Mr. Snyder, who suffered broken bones when he was shot in the ankle.

Mr. Ashley pleaded guilty in St. Lawrence County Court to first-degree attempted robbery and was sentenced to nine years in prison as a repeat felony offender. He is appealing his conviction.

In defending himself against the lawsuit, Mr. Ashley, an inmate at Attica Correctional Facility, said in legal documents that he was coerced into pleading guilty five days after the incident and that Mr. Snyder accidentally shot himself after he left the store.

Mr. Ashley's sentencing was delayed several times, first when he challenged his status as a repeat felon, then when he asked to have a new attorney appointed to represent him and finally when he unsuccessfully asked to withdraw his guilty plea.

Judge Demarest wrote in his decision that Mr. and Mrs. Snyder did not provide evidence that Mr. Ashley admitted sufficient facts in the case so as to preclude any defense. While the decision prevents a quick monetary award for the Snyders, the judge's ruling doesn't stop the lawsuit from continuing through lengthier discovery process.