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4 years for man who returned fire in home invasion

4 years for man who returned fire in home invasion

No charges were filed for returning fire
4 years for man who returned fire in home invasion
Photographer: Shutterstock

SCHENECTADY — A man who fired back at a home invader in a May 2016 shootout received four years in state prison Friday for illegally possessing the gun used to defend himself.

Vantz Maddicks, 21, formerly of Shirley Drive, pleaded guilty earlier to felony weapons possession.

Prosecutors contended Maddicks returned fire on home invader Pharoah Nisby on May 17, 2016, after Nisby fired on another resident, Chaquill Foster.

Nisby broke into the Shirley Drive residence early that morning seeking to take drugs, authorities have said.

All three — Maddicks, Nisby and Foster — suffered gunshot wounds in the incident. All survived and all are now serving prison terms on charges related to the case.

For Maddicks, authorities filed no charges for returning fire on Nisby. Prosecutor Brian Gray said he was legally allowed to defend himself, Foster and others. The incident also took place inside Maddicks' residence. Maddicks' name has also been spelled Vantze Maddicks.

"We didn't charge him for firing back in self-defense," Gray said. "But he had an illegal gun he had no right to possess. There's no self-defense for possessing a handgun."

Prosecutors believe Nisby broke in and soon shot Foster, Gray said. Maddicks then went to get his own gun and returned fire on Nisby, hitting him. Nisby turned his attention to Maddicks and shot him once in the leg.

Nisby, 23, of Schenectady, received a total of 19 years in state prison last month for his role in the Shirley Drive shooting and an earlier, unrelated shooting incident.

Responding police found all three injured men. They also found drugs in Foster's room. 

Foster later pleaded guilty to a related drug charge and received two years in prison at his sentencing earlier this month.

A fourth person, Daiqwan Maddicks-Parks, 21, of Schenectady, later pleaded guilty to misdemeanor evidence tampering and received probation, Gray said.

At Vantz Maddicks' sentencing Friday morning, Judge Matthew Sypniewski made clear that, but for the reasons behind the shooting, a lengthier sentence would have been warranted.

"If mitigating factors were not there, you'd be looking at a lot more than four," Sypniewski said.

Sypniewski sentenced Maddicks to the four years in prison and three years of supervision upon release.

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