LOCKPORT – Documents charging a black Lockport teenager with attempted murder as a hate crime say he shot a white man in the back because of the victim’s race.
However, officials would not release a witness statement that may substantiate that allegation.
The court-appointed defense attorney for Josiah J. Chandler, the 18-year-old charged with attempted murder as a hate crime, said after a brief court appearance Monday that he has been provided with no evidence to back the hate crime allegation.
Defense attorney Brian J. Hutchison made the statement after a two-minute City Court appearance in which Chandler entered a not-guilty plea and waived a preliminary hearing. That moves the case to a Niagara County grand jury for possible indictment.
Lockport police laid charges of attempted second-degree murder as a hate crime, first-degree assault and second-degree criminal possession of a weapon when they arrested Chandler Wednesday in connection with the shooting of Colton Baker-Durst, 20, of Lockport.
Baker-Durst was found lying near the intersection of Church and Green streets in Lockport about 12:25 a.m. Wednesday, having been shot multiple times with a handgun. Chandler’s arrest report says he was arrested at 7:52 a.m. Wednesday, nearly eight hours after the shooting.
Baker-Durst was last listed in critical condition at Erie County Medical Center, but the hospital is no longer disclosing condition reports on him.
Police Chief Lawrence M. Eggert said ECMC had promised to inform the department if there was any change in Baker-Durst’s condition. He said Monday no such information has been received.
The formal charges drawn up by Detective Lt. Todd Chenez allege that Chandler “did approach the victim and then pulled out a handgun and shot the victim in the back several times because of his race.”
The document said a supporting deposition from a witness was attached, but court officials and the Lockport Police Department would not release it.
Detective Capt. Brian W. Wentland said the investigation is continuing and he did not want to disclose anything that might “impair the integrity of the investigation.”
Defense attorney Hutchison said, “I don’t have anything from the District Attorney’s Office, the police or the arrest report that indicates it’s a hate crime.”
Deputy District Attorney Doreen M. Hoffmann declined to comment.
Members of the victim’s family shouted, “Go away!” at a reporter who sought to interview them outside the courtroom Monday.
A hate crime designation increases the minimum sentence for a felony, but has no impact on the maximum sentence.
City Judge William J. Watson barred cameras from Monday’s hearing because Chandler’s age makes him eligible for youthful offender status, which is applicable to anyone 18 or younger with no criminal record.
Attorneys said in court that Chandler had some previous minor charges that are currently being handled in the city’s Youth Court. He is being held in the Niagara County Jail in lieu of $250,000 bail.
email: tprohaska@buffnews.com