2008 Woodie Awards
Campus stabbing sentence modified
PSUC student convicted of 2004 first degree assault gets less time
Allen Kirmss
Issue date: 2/22/08 Section: News
Originally published: 2/21/08 at 4:18 PM EST
Last update: 2/21/08 at 4:17 PM EST
In October Philip Robertson's sentence was reduced to three years for his first degree assault convition after a valid waiver appeal.
"Sept. 1, 2004 was the worst day of my life. I thought I was just going in the woods to maybe have some fun, have a little relax, but the worst outcome in my life happened that day."
Those were the words spoken by Jordyn Lavin, a former Plattsburgh State student, during the court case of the People of the State of New York vs. Robertson. Lavin was stabbed in the left arm, shoulder and back.
The stabbing, which took place in the woods behind Wilson Hall, was committed by his roommate at the time, Robertson.
Robertson, who claimed he acted in self-defense, was sentenced to serve five years in prison with a five-year parole. He was also ordered by Clinton County Court to pay a $400 restitution charge to Lavin and $426 to the City Chamberlain's Office.
Along with the restitution charge, Robertson was to pay a surcharge of 10 percent, for a total sum of $908.60.
Robertson was convicted of several things including the knowingly unlawful possession of marijuana, reckless endangerment in the first degree, assault in the first degree, attempted murder in the second degree as a hate crime, assault in the first degree as a hate crime, criminal possession of a weapon in the fourth degree and attempted murder in the second degree.
Robertson and Lavin moved into room 320E Adirondack Hall early in the fall 2004 semester. The two started the semester as next door neighbors and quickly became friends prior to moving in together.
They both spent their time as roommates hanging out as friends and occasionally smoked marijuana together. It was soon after the two would take a trip to smoke marijuana and both their lives would change.
Although the two had similar alibis, they both accused the other of attacking them first.
Lavin said in a statement to Seth Silver, university police investigator, that Robertson stabbed him several times in three different spots of his body, after he asked Lavin if he was Jewish.
Robertson however, in a statement also to Silver, claimed that Lavin attacked him first, punching him in the face, then ran after him trying to stab him with a knife that Robertson said was his. Robertson added that Lavin became violent after he asked Robertson for money for the marijuana.
Richard Brunt, forensic scientist for the New York State Police Forensic Investigation Center, did a biological science serology case report on the knife which was found at the crime scene and kept as evidence.
According to a New York State document on the case report, two swabs from the knife handle and two swabs from the knife blade were taken.
A DNA analysis of the swabs from the knife found that the blood on the blade could not rule out Lavin as a victim.
"Sept. 1, 2004 was the worst day of my life. I thought I was just going in the woods to maybe have some fun, have a little relax, but the worst outcome in my life happened that day."
Those were the words spoken by Jordyn Lavin, a former Plattsburgh State student, during the court case of the People of the State of New York vs. Robertson. Lavin was stabbed in the left arm, shoulder and back.
The stabbing, which took place in the woods behind Wilson Hall, was committed by his roommate at the time, Robertson.
Robertson, who claimed he acted in self-defense, was sentenced to serve five years in prison with a five-year parole. He was also ordered by Clinton County Court to pay a $400 restitution charge to Lavin and $426 to the City Chamberlain's Office.
Along with the restitution charge, Robertson was to pay a surcharge of 10 percent, for a total sum of $908.60.
Robertson was convicted of several things including the knowingly unlawful possession of marijuana, reckless endangerment in the first degree, assault in the first degree, attempted murder in the second degree as a hate crime, assault in the first degree as a hate crime, criminal possession of a weapon in the fourth degree and attempted murder in the second degree.
Robertson and Lavin moved into room 320E Adirondack Hall early in the fall 2004 semester. The two started the semester as next door neighbors and quickly became friends prior to moving in together.
They both spent their time as roommates hanging out as friends and occasionally smoked marijuana together. It was soon after the two would take a trip to smoke marijuana and both their lives would change.
Although the two had similar alibis, they both accused the other of attacking them first.
Lavin said in a statement to Seth Silver, university police investigator, that Robertson stabbed him several times in three different spots of his body, after he asked Lavin if he was Jewish.
Robertson however, in a statement also to Silver, claimed that Lavin attacked him first, punching him in the face, then ran after him trying to stab him with a knife that Robertson said was his. Robertson added that Lavin became violent after he asked Robertson for money for the marijuana.
Richard Brunt, forensic scientist for the New York State Police Forensic Investigation Center, did a biological science serology case report on the knife which was found at the crime scene and kept as evidence.
According to a New York State document on the case report, two swabs from the knife handle and two swabs from the knife blade were taken.
A DNA analysis of the swabs from the knife found that the blood on the blade could not rule out Lavin as a victim.
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