The Fourth Department Appellate Division has ruled against a Jamestown man’s appeal of his guilty plea first-degree manslaughter.

Tavion Turner, 25, accepted a plea deal in July 2021 on the day jury selection was to begin in his murder trial. Turner was originally charged with two counts of second-degree murder related to the Nov. 28, 2017, stabbing death of 22-year-old Dyllan Ownbey, a resident of the Frewsburg area. Turner pleaded to a lesser charge in exchange for between 18 and 22 years in prison. Turner was later sentenced by Chautauqua County Court Judge David Foley to 21 years in prison followed by five years of post-release supervision.

Attorney Jessica Stickl Asbach of the Legal Aid Bureau of Buffalo argued that Turner’s waiver of his right to appeal was invalid and shouldn’t foreclose his challenge to the severity of his sentence. The appeals court disagreed.

While the justices agreed there is no basis in the record to conclude Foley ensured Turner understood the right to appeal is separate and distinct from the rights forfeited when pleading guilty, the appeals court justices chose not to invalidate his sentencing.

“We nevertheless conclude that the sentence is not unduly harsh or severe,” wrote Justice Tracey Bannister, the presiding justice in the case.

The Erie County District Attorney’s office responded to the appeal. The Chautauqua County District Attorney’s office didn’t prosecute the original case against Turner. John Flynn, who was then the Erie County district attorney, had been appointed special prosecutor. The original case was prosecuted by Chief Gary W. Hackbush of the Homicide Bureau and Assistant District Attorney John G. Schoemick of the Felony Trials Bureau, while Danile J. Punch of the Erie County District Attorney’s Office was counsel for Turner’s appeal.

According to Jamestown police, Ownbey was walking down Willard Street with another person prior to being stabbed. Witnesses told police they saw two people fighting near the intersection between Peterson and Eagle streets. After being injured, Ownbey was rushed to UPMC Chautauqua where he died from a stab wound to his upper chest area.

Turner was originally indicted in May 2019 and had been scheduled to stand trial in November 2019 and again in May 2020. The case was further delayed when courtrooms closed during the COVID-19 pandemic.