Marcus J. Gottsche is going back to prison but, this time, for a maximum of 22 and a half years.
Gottsche, the Elmwood Village man convicted of shooting his unarmed housemate in the back five years ago, returned to State Supreme Court Wednesday to be resentenced after pleading guilty to a lesser charge of manslaughter.
Originally found guilty of murder, Gottsche, 34, had his conviction vacated by Justice Russell P. Buscaglia, the judge who presided over his trial.
Buscaglia, who initially sentenced Gottsche to 25 years to life, resentenced him Wednesday and gave him a maximum of 22 and a half years in prison followed by five years of post-release supervision.
Gottsche killed Jasmine Armour on Feb. 10, 2011 after a dispute between the two escalated and Gottsche used a .22-caliber rifle to shoot and kill Armour as she fled the house.
In November of last year, Buscaglia vacated the murder conviction on the grounds that Gottsche was “denied the effective use of counsel.”
Court papers indicate Gottsche’s original attorney, Michael D’Amico, agreed to his client’s demand that they go for “all or nothing” on the murder charge instead of asking the jury to consider manslaughter.
Buscaglia ruled that D’Amico should have asked for the lesser charge even if his client asked him not to.