Teen Who Killed Uncle Gets 17 Years

Darius M. "Drizz" Belton

The victim, Luis "Street" Ubiles

A Niagara Falls teenager who killed his uncle, who he said was "like a father figure" to him, was sentenced to 17 years in prison last week.

Darius M. "Drizz" Belton, 18, of 1666 South Ave., pled guilty to first-degree manslaughter in exchange for prosecutors recommending the reduced sentence.

The teenaged Belton faced 25 years to life in prison if convicted of murder , in addition to 15 additional years for a gun charge that hinged on whether the scene of the murder —- his front porch —- was considered part of the “home.”

In a pre-trial ruling, Niagara County Judge Sara Sheldon Farkas said she intended to tell the jury that a porch is not part of a someone's home, a decision that some would disagree with.

Most men would think they had the right to defend their front porch much like they would defend the interior of their home.

Under New York law, it is not illegal to have a gun in one’s home or place of business if it is registered. Belton did not have a permit to carry the gun outside the home.

Judge Farkas' decision enabled prosecutors to vigorously seek the additional 15-year prison weapons sentence. On top of that, prosecutors planned to ask for consecutive sentences, meaning that if Belton were convicted of both murder and the separate  weapons charge, he faced 40 years to life.

Last September, Belton shot his 37-year-old uncle, Luis "Street" Ubiles, on the porch of Belton’s home. Belton claimed he never intended to shoot him, but fired to scare him off after a dispute between his mother and Ubiles “spiraled out of control.”

Ubiles was shot in the abdomen and died shortly afterward. Belton's attorney, Angelo Musitano, argued Belton may have shot in self defense.

“The guy (Ubiles) ran towards (Belton),” Musitano said.

The case had gotten as far as jury selection before Belton decided to accept the plea offer.

His defense team initially rejected a plea offer of first- degree manslaughter that carried a maximum term of 20 years.

In addition to his 17 year17-year sentence, Judge Farkas sentenced Belton to five years post release supervision.