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Saratoga Springs man found guilty of manslaughter in stabbing of wife's cousin

April 25, 2019 07:53 PM

BALLSTON SPA - After a two-week trial and testimony from nearly three dozen witnesses, including the defendant himself, the jury found Albert Mercer guilty of manslaughter.

The 62-year-old claimed his actions were justified when he stabbed Patrick Collins outside his trailer home in Saratoga Springs in July.

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Mercer testified that he believed Collins was going to kill him, but Collins was unarmed when Mercer plunged a military-style knife into his chest.

It was up to prosecutors Al Poremba and Andreanna Diliberto to prove that Mercer's actions weren't justified and that Mercer was the initial aggressor and not Collins.

"The initial aggressor is not someone who throws the first punch or strikes the first blow," said Poremba. "It's the person that either threatens or uses deadly physical force and that's what the defendant did and that's what the jury found."

Mercer declined to comment when questioned by NewsChannel 13 as he was ushered from the courthouse Thursday.

His attorney, Andrew Deluca, said he thought the trial was fair and he hadn't had a chance to talk to Mercer about an appeal of the conviction.

The jury acquitted Mercer of the murder charge, but found him guilty of tampering with evidence for hosing down the blood after the stabbing.

The manslaughter conviction carries a minimum sentence of five years and a maximum of 25 years in prison.

Judge Richard Sise will sentence Mercer on June 27.

Credits

Mark Mulholland

Copyright 2019 WNYT-TV LLC, a Hubbard Broadcasting Company. All rights reserved

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