Pacherille Sentencing Still Stands

By Alice Maggiore

April 17, 2012 Updated Apr 18, 2012 at 4:05 AM EDT

Cooperstown, NY (WBNG Binghamton) A judge rules a former Cooperstown High School student found guilty of shooting a classmate will not be re-sentenced as a juvenile offender.

Now the teen's lawyer says he will appeal that decision, taking it up with a higher court.

Last July, then 17-year-old Anthony Pacherille was sentenced to spend 11 years in state prison.

It was for shooting a black classmate, Wesley Lippitt, in April of 2010.

Judge Joseph F. Cawley denied the request from Pacherille's lawyer, Frank Policelli, to re-sentence Pacherille as a youthful offender.

Pacherille was 16 when he shot Lippitt, chasing him into the Cooperstown Police Station, before turning the gun on himself - hurting his chin.

He accepted a plea deal last April, pleading guilty to one count of attempted murder, with a penalty of 11 years in prison - so he wouldn't be charged with a hate crime.

If he was to be re-sentenced as a juvenile offender, Pacherille would spend one year and four months to four years locked up.

The case was transferred to the Judge Hawley after the original judge, Otsego County Judge Brian Burns took himself off the case.

Policelli argued in court papers Jude Burns should have made it known he felt intimidated by a letter Pacherille's father sent to him about a month before his son's sentencing.

Burns says the 11 year sentence was not related to factors outside of the case.

He left the case to avoid even the appearance of unfairness.