Twenty-two-year-old John T. Polen IV, the Genesee man accused of shooting a 91-year-old relative last year, injuring him, is scheduled to be sentenced at 9 a.m. July 23.
Determining the sentence that best serves justice won’t be easy, according to Potter County District Attorney Andy Watson.
Polen entered an Alford plea earlier this month to a charge of attempted murder in the first degree after he was accused of firing one shot at Turner Polen on June 15, 2018, causing wounds to the elder man’s right shoulder blade and right cheek.
No sentence is recommended in the plea itself, as it is an open plea, said Watson.
He explained that at the time of sentencing, he and the defense attorney can offer recommendations, but, since it is an open plea, the sentence will ultimately be the judge’s decision.
Watson said the sentencing range in the case is 7 ½ to 40 years, which means the maximum sentence Polen could receive is a term of 20 to 40 years in state prison.
But there are many factors to consider when determining a sentence, and he had not yet decided what sentence he will recommend.
“I don’t usually make that decision until probably a few days before sentencing,” Watson noted, adding that even after hearing what the victim wants, he wants to give time for the victim to think about it to see if there are any changes.
“The victim has the right to update his victim impact statement to me,” he said.
The victim’s desire is just one of the factors.
Watson will read the presentence investigation report that the probation department prepares to learn John Polen’s background, and he wants to review the existing psychological evaluation.
“I really, really feel the evidence against the defendant in this case was very strong,” he said. However, “In my humble opinion, there are several mitigating factors potentially at the time of sentencing for the defendant. I need to weigh that out.”
In this case, the defendant is a young man, and “there’s quite a bit of history with the victim harassing” John Polen’s parents and grandmother, Watson said.
Despite that history, on the day John Polen shot his grandfather in the back, Turner Polen did not make a threat and never produced a weapon, Watson said, explaining that “technically under the law” he is “guilty of attempted murder.”
John Polen was relying on information he heard from family members regarding Turner Polen and he was “very angry about it,” Watson explained.
“I think a good DA and a good judge have a duty to weigh all these factors out and to not just jump to conclusions one way or another,” he said.
Prosecuting the case was made easier due to the work of law enforcement officials who investigated it.
“I really want to compliment the state police and their investigative efforts in this case,” said Watson. “Crime investigator Kyle Wagner was the lead trooper on this case, and Trooper Wagner and the other (officers) did an incredibly thorough investigation — one of the best I’ve ever seen.” Watson is grateful for their “hard work and dedication to keep our community safe.”
Watson said it was Wellsboro defense attorney William Hebe who suggested the Alford plea.
“You don’t hear (Alford plea) very often,” so Watson and the judge both did some research on it before Watson offered the plea and the judge accepted it.
“There was really no reason not to seriously look at the (Alford) plea,” said Watson.
He explained that, even though three of the four charges were dropped when Polen entered his plea, the three dropped charges — all lesser charges to the charge of attempted murder — would have merged with the attempted murder charge.
Watson said that since the charges would have merged, it would have been “essentially the same outcome” as only being convicted of the attempted murder charge.
“It saves a lot of money, also — that’s an added benefit to this plea — but it’s not the main factor in taking the plea,” he said.
A three-day trial had been set in the case, Watson said. Offering the plea saved taxpayer money and resources that would have been used to pay court costs, jury costs, the cost of specialists and more.
“Normally what we do if we have someone that is interested in pleading guilty but they’re not totally taking full responsibility or have a reason or justification for their action, it’s usually a no contest plea,” Watson said.
He explained that when someone enters a no contest plea, that person is not saying guilty or innocent; that person just agrees the commonwealth has evidence for a conviction.
“When a no contest plea is accepted, it is considered to be the equivalent of a guilty plea in a court of law,” he added.
An Alford plea, Watson said, is very similar: It is a plea by a defendant who claims to be innocent.
“The defendant accepts punishment but does not accept guilt,” he explained.
As for Turner Polen, Watson was pleasantly surprised at how he pulled through given his age, as well as the fact he had the onset of dementia and Alzheimer’s when he was shot.
“Thank the Lord that the victim survived,” Watson said.
The prosecutor noted, “He’s a very wiry and strong gentleman. He’s actually doing well.”
The biggest continuing issue is damage to his tendons and nerves in his right arm, which limit feeling in his arm and make it harder to use.
Watson said Turner Polen was shot in the right side of his back near his shoulder blade, and fragments of the bullet went up through his body and caused wounds on his face and neck where shrapnel came out.
