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Two men get prison sentences in fatal shooting

Two Buffalo men are headed to prison for their roles in a fatal shooting last summer that started as an argument involving teenagers.

Robert Bakerx, 20, of Rounds Avenue, and Richard Heary, 22, of Waverly Street, both mumbled apologies before State Supreme Court Justice Christopher J. Burns on Tuesday for what he described as the "stupid argument" that led to the death of Damion Diggs.

Bakerx was ordered to serve a 20-year prison term for firing the fatal shot, and Heary was ordered to serve a 16-year term for injuring Diggs with pellets from a sawed-off shotgun before Bakerx fired a 9 m pistol.

Diggs, 17, was shot after leading a crowd of about 30 people last July 20 to a home in the 200 block of Walden to confront members of the rival teenage girls gang that had been in a fight hours earlier.

In a courtroom filled with relatives and friends of the two defendants and Diggs, defense lawyers Joseph Agro and Michael Stachowski both said their clients are deeply remorseful.

Both have been jailed since they surrendered following a six-hour standoff with police after the shooting.

Burns found both guilty April 13 of the lesser charge of first- degree manslaughter and a weapons count.

Damion Diggs Sr., the shooting victim's father, told the judge of the "pain" he and his loved ones are still experiencing over what he called the "senseless" shooting of his unarmed son.

Prosecutors Gary W. Hackbush and John P. Feroleto said Diggs was leaving when Heary pulled out a sawed-off shotgun and wounded him. He said Bakerx then fired the fatal shot with a 9 mm pistol.

e-mail: mgryta@buffnews.com

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