Posted on May 20, 2010

Brothers Sentenced to Six Years for ‘Heinous’ Attack

Matt Gryta, Buffalo News, May 20, 2010

Two teen-age brothers Wednesday were sentenced to six years in state prison for their brutal attack on on a white man walking with his African-American girlfriend.

Both Donte A. Lee, 18, and his half-brother Antoine Blackmon, 16, of Newburgh Avenue were denied youthful offender status and taken into custody about 10:45 a.m.

State Supreme Court Justice Christopher J. Burns told the tearful teens that youthful offender status is for mistakes committed by youth, stressing that the attack “was not a mistake” deserving of noncriminal treatment.

“This was an innocent man walking down the street. There’s no excuse for this kind of violence,” Burns told the two.

Their victim, Brian Milligan, 19, of Depew, still suffers from memory lapses due to the severe head injuries he suffered in the late-night attack on Genesee Street near Floor Avenue last Aug. 18.


Defense attorney Terrence D. McKelvey insisted their younger cousin, who was 12 when the attack occurred and is being prosecuted as a juvenile in Family Court, instigated the brutal stomping incident.

Although the attack initially was suspected of being a race-related crime, prosecutor Lawrence M. Schwegler described it as “a heinous, stupid senseless” crime.

McKelvey conceded that Lee and Blackmon “exercised extremely poor judgment,” {snip}.