Bethel man not guilty of attempted murder
Only assault in Wawa shooting
MEDIA COURTHOUSE » A 45-year-old Bethel Township man was acquitted on an attempted murder charge in a September shooting outside an Upper Chichester Wawa, but was found guilty of two counts of aggravated assault following a jury trial before Common Pleas court Judge Kevin F. Kelly.
The jury deliberated for about six hours over two days and asked nine questions before rendering the verdict on Keimork Buffaloe. He was also found guilty of possessing an instrument of crime.
Jurors heard from a witness who was with the victim during an altercation with Buffaloe on the night of Sept. 1 outside the Wawa at Meetinghouse Road and Chichester Avenue.
One version of events
The witness, a coworker of the victim, said they had gone out for drinks at Barnaby’s that night, where the victim had five or six drinks. They then stopped at the Wawa for cigarettes.
The witness said he got a light from a man standing with Buffaloe near a trash can outside the Wawa, identified as Anthony Aceto, then chatted with Aceto for a bit.
He said the victim then exited the store and made some comment as to the witness’s well-being. That began an argument in which Buffaloe and the victim shoved and yelled at each other, and the victim pushed Buffaloe into the wall of the Wawa.
The witness told Assistant District Attorney Shuaiyb Newton that he did not recall exactly what was being said, but the victim was pacing when he said Buffaloe “quick shot” him in the groin area with a Taurus Judge.
Delaware County Detective Louis Grandizio, a firearms expert, said that model of firearm is capable of firing both .45 caliber bullets and 410 shotgun shells. In this instance, the victim was struck by pellets from a shell, according to testimony, and was driven to Christiana Hospital for treatment.
While driving from the scene, the witness said the victim told Buffaloe, “I’m going to kill you. You’re going to be dead tomorrow,” but had not threatened Buffaloe’s life before he was shot.
Defense attorney John Consadene called several character witnesses, including state Rep. Carole Kazeem, D-159 of Chester, and retired Darby and Yeadon police officer Rodney Irby, both of whom said Buffaloe had a reputation as an honest, respectful man in the community.
Another version
Aceto also testified that he and Buffaloe had gone for a ride that night, ending up at the Wawa.
He gave a different account of the interaction with the victim, however, claiming the other man had repeatedly told Buffaloe, “I’m going to kill you, I’ll put you through that wall, I’ll put you in the ground” before the shot was fired.
Buffaloe acknowledged on the stand that he had shot the victim, but told Consadene it was an act of self-defense and that he did not shoot to kill.
Buffaloe said he has military training, as well as a war injury that was aggravated when the victim pushed him into the wall. He said the victim smelled of booze and was getting into his space.
Buffaloe said he tried to calm the situation down, but the victim told him, “I’m going to put you through that … wall,” and at one point told him either “I’m going to cut you” or “I’m going to gut you.”
Buffaloe said he was taught to “neutralize” threats in the military by shooting at the center of mass, but had aimed for 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.”
Buffaloe told Newton on cross-examination that he did not feel he could safely exit from the confrontation.
“I didn’t shoot him because he called me the Nword, sir,” Buffaloe told Newton. “I didn’t shoot him because he called me a homophobic slur, sir. I shot him so that I could protect myself. I felt as though my life was in danger, sir. I already tried to de-escalate the situation several times. I did not see a viable escape to my rear.”
Buffaloe remains in custody at the county jail in Concord pending 10% of $1 million bail. Judge Kelly denied Newton’s request to revoke bail and set sentencing for June 14.