‘End of the line’ for Maeweather appeal
GUILDERLAND — Tasheem Maeweather will remain in prison because the state’s highest court, the Court of Appeals, has declined to hear the appeal on his case, attorney Terence Kindlon told The Enterprise Friday, the same day he learned of the court’s decision.
Maeweather is serving three-and-a-half to seven years for reckless endangerment, concurrently with nine years for probation violations.
The charge stemmed from an incident Guilderland’s Crossgates Mall in November 2016 where a gun was fired, causing panicked shoppers to flee and resulting in a lockdown while police searched the premises.
Maeweather is currently in Wende Correctional Facility in Alden, east of Buffalo, according to online records.
Kindlon had argued unsuccessfully, earlier this year, before the middle-level court in the state’s three-tiered system, the Appellate Division, in the Third Judicial District, that Maeweather’s reckless endangerment conviction should be overturned.
Kindlon argued that Maeweather’s conviction should be overturned because the jury had convicted him only on the reckless endangerment charge, acquitting him of three other more serious charges, including the charge of possessing a firearm.
Without a gun, Kindlon argued, Maeweather could not have recklessly endangered anyone.
Kindlon told The Enterprise immediately after that appeal, “You can yell ‘bang’ in your loudest voice, and nobody’s going to get shot.”
A jury acquitted Maeweather on charges of second-degree attempted murder, first-degree attempted assault, second-degree criminal possession of a weapon, and first-degree reckless endangerment
The reckless-endangerment conviction was upheld by the Appellate Division in May, and Terence Kindlon and Lee Kindlon then asked the Court of Appeals, the state’s highest court, to hear the case.
The New York State Court of Appeals, like the United States Supreme Court, hears cases that set legal precedence.
“I still believe, to this day, that Tasheem is innocent and I will continue to fight for his freedom,” Lee Kindlon told The Enterprise in June after he and his father applied to the Court of Appeals.
Terence Kindlon told The Enterprise that he learned on Nov. 8 that the court has declined to hear the case, calling this “the end of the line” for Maeweather.