Man gets 30 to 72 months for Wawa parking lot shooting

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A 45-year-old Bethel Township man was sentenced Friday to 30 to 72 months in state prison for shooting another man outside the Upper Chichester Wawa last year.

Keimork Buffaloe will also have to serve five years of concurrent probation under the sentence imposed by Common Pleas Court Judge Kevin F. Kelly.

Buffaloe was convicted at his trial in April of aggravated assault and possession of an instrument of crime for the Sept. 1 shooting outside Wawa at Meetinghouse Road and Chichester Avenue, but was acquitted of the charges. charges of attempted murder.

The victim's co-worker testified at trial that they stopped at the Wawa to smoke cigarettes after going out for drinks that evening.

The witness said he received the light from a man standing with Buffaloe near a trash can outside the Wawa, identified as Anthony Aceto, and then chatted with Aceto for a while.

He said the victim then came out of the store and made some comments about the witness' well-being. This sparked an argument during which Buffaloe and the victim shoved and yelled at each other, and the victim pushed Buffaloe against the wall of the Wawa.

The witness said he didn't remember exactly what was said, but the victim was pacing when he said Buffaloe “quickly shot” him in the groin area with a Judge Taurus.

Delaware County Detective Louis Grandizio, a firearms expert, said this model of firearm is capable of firing both .45 caliber bullets and 410 shotgun shells. In this In this case, the victim was hit by pellets from a shell, according to testimony, and was taken to Christiana Hospital for treatment.

As he drove away from the scene, the witness said the victim told Buffaloe, “I'm going to kill you.” You’re going to be dead tomorrow,” but he hadn’t threatened Buffaloe’s life before he was shot.

Aceto, however, gave a different account of the interaction with the victim, saying the other man repeatedly told Buffaloe, “I'm going to kill you, I'm going to put you through this wall, I'm going to put you in floor “. before the shot was fired.

Buffaloe also testified and admitted on the stand that he shot the victim, but said it was an act of self-defense and that he did not shoot to kill.

Buffaloe said he had a military background and suffered from a war injury that was worsened when the victim pushed him against the wall.

He said the victim first called him the “n” word, later followed by the “f” word. He said the victim smelled of alcohol and came into his space, alternating between being angry and not being angry.

Buffaloe said he tried to calm the situation, but the victim told him, “I'm going to put you through this…wall,” and at one point she either told him, “I'm going to cut you.” , or “I’m going to cut you”. I will eviscerate you.

Buffaloe said he was taught to “neutralize” military threats by shooting at center mass, but aimed at the victim's leg to slow his momentum.

“I had to stop the threats,” he said. “…It was a reasonable use of force, I think.”

Deputy Prosecutor Shuaiyb Newton asked for a sentence of 4½ to 9 years, arguing that Buffaloe, in his pre-sentence report, continued to try to explain his actions that night as justifiable.

He said Buffaloe's claims that the victim taunted him with racial slurs before the confrontation were not supported by video evidence and that a knife later found on the victim was never shown. Newton added that Buffaloe did not use any emergency exits, did not call police after the shooting and was seen in video laughing after the victim left.

Defense attorney John Consadene said Buffaloe perhaps should have called 911, but the fact he did not flee the scene indicates he believed his actions were justified.

He noted that Buffaloe had no criminal history, that it was the victim who first laid hands on Buffaloe and that the victim had walked away and returned at least seven times over the course of the confrontation.

Although the jury did not believe it was self-defense, Consadene argued that the shooting was an error of judgment on the part of an otherwise good man who had earned two Purple Hearts while he served overseas in the military for over a decade and now gives back to his community.

Buffaloe's friends and loved ones also spoke on his behalf, describing him as a selfless and generous member of the community who could always be called upon to help with a good cause. They said it was a mistake but it didn't reflect who he is.

“He made a terrible mistake that, by the grace of God, was not a tragedy,” a friend said. “He is truly remorseful. This is something he will suffer from for the rest of his life.

Another friend said that despite Buffaloe's gruff exterior, he is truly the nicest man on Earth, although he suffers from post-traumatic stress disorder due to his military service.

Buffaloe's mother said he came back from the army changed, but was still a good man. She said he was shaking from firecrackers and other loud noises, but attributed his laughter to a coping mechanism.

“It’s a lesson learned,” she said. “He knows now that it’s not something that he, as an adult, should be thinking about, that he shouldn’t be doing.”

Buffaloe also spoke briefly and expressed remorse for his actions, but maintained he believed his life was in danger.

He said he did not drink or do drugs, but grew a garden and raised chickens from which he harvested eggs to help feed his community because he cherished life. It was not his desire to harm the victim that night, he said, and he did not do it out of malice or malice.

Judge Kelly said he took all of this information into account when crafting his sentence.

Buffaloe is not eligible for early release, but was given credit for time served since October 16. He must confiscate the firearm and provide a DNA sample to state police, and must have no contact with the victim.

Kelly also recommended that Buffaloe receive mental health treatment while incarcerated and take anger management classes.