MAYVILLE – County Public Defender Ned Barone confirmed to WNYNewsNow’s Ryan Hedrick that he’s filed an appeal just before Christmas on behalf of Keith Robbins in regards to the length of his sentencing (25 years) for the 1st degree manslaughter charge in the fatal shooting of his wife, Shari.
“On behalf of Mr. Robbins, yes we filed that,” Barone said. “I can confirm that (information gathered from source).”
Barone said there’s numerous grounds for an appeal, but he couldn’t specify the reasons. He also didn’t completely rule out the possibility of appealing the case, as a whole.
“In regards to the process of the prosecution of Mr. Robbins, we are not appealing that,” Barone said. “Although, you never know. The notice of appeal we filed is a general type of notice, so we can actually appeal a number of different issues.”
Barone said a notice of appeal has to be filed within 30 days, or else an appeal can no longer be filed. The counselor added he likes to file the notice of appeal with a few thoughts in his mind.
“Now, we go back and look at a couple of different things and see what we might have a basis to appeal on,” Barone said. “One of the things we are, for sure, appealing is the sentence. We feel the length of the sentence was excessive.”
“Maybe there’s other things we might take issue with, but we are not sure of that at this point.”
Barone said he may outsource Robbins’ case to an attorney that specializes in appeal’s work. He also said the appealing process, which happens in a Rochester court, won’t occur over night.
“The filing is processed typically within six months to a couple years, and that’s when an appeal would be what we (attorneys) call ‘perfected’,” Barone said.
Keith Robbins was committed to Elmira Correctional Facility last Tuesday to the State’s Department of Corrections website.
Shari Robbins was killed in a 2016 shooting. At the time, the relationship between Keith and Shari Robbins was estranged according to numerous accounts.
Police said Keith, 36, shot and killed the woman in the lot that’s used for overflow parking of Heritage Park, the rehabilitation and skilled nursing center less than a block away. Shari Robbins worked at Heritage Park.
Robbins was originally charged with 2nd degree murder and Injuring a Police Animal.
Robbins’ sentence stemmed from his guilty plea of manslaughter on Oct. 26 in front of Chautauqua County Court Judge David W. Foley.
The facility, also dubbed “The Hill”, is a maximum-security prison.
His wife has no right to an appeal. Can his children appeal a life without a Mother?