Man denies gun charge after killing attacker
Michael Zeigler
Staff writer
(August 10, 2006) — When Matthew L. McDonald tried to rob Stuart D. Miles at gunpoint, Miles responded by shooting and killing McDonald with a .38-caliber revolver.
Now Miles is in trouble for illegally possessing the gun he used in self-defense.
Miles, 25, pleaded not guilty Wednesday to second- and third-degree criminal possession of a weapon in connection with the May 1 slaying of McDonald, 18, on Jefferson Avenue.
If convicted, Miles could be imprisoned up to 15 years.
Monroe County Court Judge Patricia D. Marks ordered him held without bail in County Jail.
Miles was walking down Jefferson Avenue near Champlain Street when he heard someone walk up behind him, rack a pistol twice and order Miles to "up your chain" and "run your pockets," said Miles' lawyer, Robert A. Shapiro.
Miles turned and saw McDonald pointing what appeared to be a pistol. Miles pulled out his own gun and fired twice, killing McDonald.
McDonald's weapon turned out to be a BB gun.
But Miles couldn't tell that as he was looking down its barrel, Shapiro said.
Prosecutors presented a charge of second-degree murder to a grand jury, which refused to indict him on that charge, said Assistant District Attorney Paul Irving.