LOCKPORT — Chances appeared dim Monday for a plea bargain in the case of Wilbert Hayes III, of Niagara Falls, who stabbed another man to death during an argument over a card game in March.
Hayes, 26, of South Avenue, has claimed self-defense in the death of Donald T. Nix, 26, in an Ashland Avenue apartment.
Police said Nix was stabbed in the chest with his own knife at about 11:30 p. m. March 15 and died at about 2 a. m. March 16 in Erie County Medical Center.
After a hearing in Niagara County Court on the admissibility of Hayes’ statements to police, Assistant Public Defenders A. Joseph Catalano and Matthew P. Pynn said their efforts to negotiate a plea deal with prosecutors weren’t going well.
“We’re not close,” Catalano said.
Holding his hands about 3 feet apart, Pynn said, “We’re here. They’re there.”
“I can’t comment on plea negotiations, should any exist,” Deputy District Attorney Holly E. Sloma said.
Hayes was indicted on a first-degree manslaughter charge. He’s free on $25,000 bail, awaiting trial Dec. 12.
During Monday’s hearing, Niagara Falls Detective Patrick Stack testified that after learning Hayes had played a role in the death of Nix, who was known by the nickname “Erckle,” he put out calls in the wee hours of March 16 to several Hayes family members.
They included Hayes’ grandmother, Mary Pugh. “She was definitely the matriarch,” Stack said.
He said he knew Hayes, whom he called “Dex” or “Dexter,” from past investigations, including one case in which Hayes was shot and another where he was a suspect.
By 5 a. m., Hayes was calling on Stack’s private office phone, saying he had talked to his grandmother and was willing to turn himself in by 8 or 8:30 a. m.
“Basically, there was no way my captain would allow that much overtime,” Stack testified.
He said that in a second call, he arranged a 6:30 a. m. surrender, and Hayes showed up at Police Headquarters right on time.
Stack said Hayes had “wounds” on his face when he arrived for the interview.
Stack said he conducted a 15-minute videotaped interview followed by the unrecorded composition of a written statement in Stack’s office. He said the defendant waived his Miranda rights and never asked for a lawyer.
The content of the interview and the statement were not discussed during the hearing. Judge Matthew J. Murphy III said he will review them and rule Nov. 21.
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