Ellicott man cleared of all charges in shooting death
MAYVILLE – Tucker Richard is leaving the Chautauqua County Jail today a free man.
At 11:30 a.m. a jury found Richard not guilty of both second-degree murder and the lesser criminally negligent homicide in the death of Scott Blake.
As soon as the verdict was read, Public Defender Nathaniel Barone hugged Richard. Audible gasps and cheers could be heard.
Judge David Foley cautioned everyone from further outbursts and everyone quieted down. He thanked members of the jury for their service. There were six men and six women, along with two female alternate jurors.
Richard had two family members in the courtroom – his grandmother and a great aunt. Both were overcome with emotions and declined to immediately make a comment. Judy Richard, his grandmother, hugged Richard as she began to weep.
On Jan. 3, 2023 Richard, who was 18 years old at the time, shot and killed his stepfather Scott Blake in the head with a shotgun while at their home, 2256 Willard St. Ext. in the town of Ellicott, not far from the Jamestown city line.
The prosecution argued that his actions were intentional but the defense said it was self-defense.
Barone thanked members of the jury for finding his client not guilty on both charges. “Justice is what it’s all about. It’s about the system, it’s about the system working,” he said.
Barone noted how Richard, who is now 20 years old, has a new lease on life. He had been facing 25 years in prison to life if he was found guilty of second-degree murder.
The trial began Oct. 21 and lasted for 10 days, plus three days of deliberation. The prosecution had 15 people testify, while the defense had Richard’s grandmother Judy testify on his behalf. She was not permitted in the court until after she had testified.
There were two members of Blake’s family in court. They appeared angry with tears in their eyes and began speaking to District Attorney Jason Schmidt and other members of his staff.
As they exited the court with Schmidt, they said they would email a statement later.
See Wednesday’s Post-Journal and OBSERVER for additional information.