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Robert “Nikki” James, age 46, of Kingston, was sentenced to 20 years in state prison Thursday, Feb. 10 after pleading guilty to criminal possession of a weapon and drug charges, said the Ulster County District Attorney's Office.
According to court documents, James was present on Thursday, Dec. 17, 2020, when co-defendant Gilbert Thomas, who was convicted of murder, used an AK-47 to shoot into a residence that was occupied by five children, killing twelve-year-old D'Janeira Mason and wounding her brother Dasane in the left arm.
During the incident, James said he told Thomas not to shoot because there were kids inside.
Thomas reportedly told James “I don’t give a (expletive),” the DA's Office said.
Thomas then shot nine times. Two of the bullets entered the children’s bedroom. One of the bullets struck D’Janeira in the head and killed her instantly.
James carried a bag containing the murder weapon away from the scene, court documents show.
James, who was charged with second-degree murder, had originally made a plea agreement to receive 13 years in prison but after his plea, he provided false statements to the Ulster. County Department of Probation, the DA's Office said.
At sentencing, District Attorney David J. Clegg asserted that James had violated his obligation to truthfully and accurately state what he had done.
Clegg gave James an opportunity to admit to the violation and receive an enhanced sentence, which would add seven additional years in state prison to his sentence. Otherwise, a hearing would be held and if a violation was found, a longer term of incarceration would be sought.
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