Tonawanda News — "You don't have the same set of laws," he said. "In New York you have to work to prove you were going to be killed."
Marchant was initially facing a single count of murder though that charge was later reduced by a grand jury to two counts of manslaughter.
Niagara County Deputy District Attorney Doreen Hoffmann on Monday moved to dismiss one of those counts, a second-degree manslaughter charge, because there was not enough evidence that the Stone's death was an act of recklessness.
During closing arguments Tuesday however, Hoffmann cast Marchant as the aggressor in Stone's demise, noting that when police arrived to a grisly scene, the door to the apartment was open, leaving Marchant the opportunity to escape rather than using deadly force to subdue a drunk Stone as he pulled her hair in the bathroom.
Saraceno said blood spattered on the back of the bathroom door showed the door was closed when the incident took place, which fell in line with accounts given by Marchant to North Tonawanda police detectives as they interviewed her two hours after Stone's death.
Hoffmann had offered Marchant a plea deal in August that would have capped her sentence at 15 years. Saraceno said he will push Judge Sara Sheldon Farkas to sentence Marchant to five years, the minimum in New York state for a first-degree manslaughter conviction.