LOCKPORT – A Niagara Falls man testified in Niagara County Court Tuesday that he was stabbed repeatedly by a man he’d known for 10 years after a day of drinking and drugs.
However, defense attorney Patrick Balkin said the victim was stabbed with his own knife after he cut the defendant.
Balkin, in his opening statement, made a self-defense claim for Marc A. Madore, 42, who is charged with attempted second-degree murder, first-degree assault and third-degree criminal possession of a weapon.
Madore is charged with the near-fatal stabbing of Shawn Stoltz, 37, outside the victim’s home on Ferry Avenue in Niagara Falls about 10:30 p.m. Oct. 28.
Assistant District Attorney Kevin D. Canali said in his opening statement, “There was no self-defense. There was no imminent danger. (Madore) stabbed Shawn Stoltz.”
Canali said Stoltz was stabbed in the back of the head, the left shoulder, the left side of his chest and the left side of his abdomen.
The prosecutor told the jury of nine men and three women that Stoltz “made the decision to leave on foot for the hospital. It was a race against time. Luckily, the hospital was only a couple of blocks away.”
Leaving a trail of blood behind him, Stoltz made it to the emergency room at Niagara Falls Memorial Medical Center, where he was stabilized before an ambulance transfer to Erie County Medical Center, where he was hospitalized for a week.
“Shawn Stoltz came over and physically attacked Marc Madore,” Balkin asserted. “He didn’t just push Marc Madore. He cut him with a knife.”
Stoltz testified that he, Madore and several other people in the apartment had been drinking and using crack cocaine most of the day. “That’s what we did at my house, drugs and drinking,” he said.
An argument between the two men erupted over a can of purple spray paint, which Canali said resulted in several objects being broken, including some of the front windows of Stoltz’ home. The fight was quelled, but once outside, Canali said Madore allegedly got out of a pickup truck being driven by some friends to confront Stoltz again. That’s when the knifing occurred.
Stoltz said he took his shirt off because he anticipated a fist fight.
Stoltz testified that he always carried a knife and that Madore knew it. But even though he admitted he didn’t remember everything that happened that night, Stoltz declared, “I have no doubt in my mind I did not brandish a weapon at Marc Madore in any way, shape or form.”
That’s not the way Balkin heard it. “Mr. Madore defended himself when faced with deadly physical force,” Balkin told the jury. “The witnesses will tell you it was Shawn Stoltz’ knife … Keep your eye on the knife. You’re going to hear a lot of knife testimony.”
Some of that is expected to come from Madore, who is anticipated to take the stand later in the trial.
email: tprohaska@buffnews.com
However, defense attorney Patrick Balkin said the victim was stabbed with his own knife after he cut the defendant.
Balkin, in his opening statement, made a self-defense claim for Marc A. Madore, 42, who is charged with attempted second-degree murder, first-degree assault and third-degree criminal possession of a weapon.
Madore is charged with the near-fatal stabbing of Shawn Stoltz, 37, outside the victim’s home on Ferry Avenue in Niagara Falls about 10:30 p.m. Oct. 28.
Assistant District Attorney Kevin D. Canali said in his opening statement, “There was no self-defense. There was no imminent danger. (Madore) stabbed Shawn Stoltz.”
Canali said Stoltz was stabbed in the back of the head, the left shoulder, the left side of his chest and the left side of his abdomen.
The prosecutor told the jury of nine men and three women that Stoltz “made the decision to leave on foot for the hospital. It was a race against time. Luckily, the hospital was only a couple of blocks away.”
Leaving a trail of blood behind him, Stoltz made it to the emergency room at Niagara Falls Memorial Medical Center, where he was stabilized before an ambulance transfer to Erie County Medical Center, where he was hospitalized for a week.
“Shawn Stoltz came over and physically attacked Marc Madore,” Balkin asserted. “He didn’t just push Marc Madore. He cut him with a knife.”
Stoltz testified that he, Madore and several other people in the apartment had been drinking and using crack cocaine most of the day. “That’s what we did at my house, drugs and drinking,” he said.
An argument between the two men erupted over a can of purple spray paint, which Canali said resulted in several objects being broken, including some of the front windows of Stoltz’ home. The fight was quelled, but once outside, Canali said Madore allegedly got out of a pickup truck being driven by some friends to confront Stoltz again. That’s when the knifing occurred.
Stoltz said he took his shirt off because he anticipated a fist fight.
Stoltz testified that he always carried a knife and that Madore knew it. But even though he admitted he didn’t remember everything that happened that night, Stoltz declared, “I have no doubt in my mind I did not brandish a weapon at Marc Madore in any way, shape or form.”
That’s not the way Balkin heard it. “Mr. Madore defended himself when faced with deadly physical force,” Balkin told the jury. “The witnesses will tell you it was Shawn Stoltz’ knife … Keep your eye on the knife. You’re going to hear a lot of knife testimony.”
Some of that is expected to come from Madore, who is anticipated to take the stand later in the trial.
email: tprohaska@buffnews.com