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COURT

Auburn man gets prison for drug charge, assault with BB gun

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AUBURN — An Auburn man was given time in state prison after previously admitting to a drug charge and shooting a woman with a BB gun.

Joseph E. Frijo, 29, whose last listed address was 76 Clark St., back apartment, was in front of Judge Thomas Leone in Cayuga Court Thursday for charges of second-degree assault, a class D felony; third-degree criminal possession of a controlled substance, a class B felony; and second-degree criminally using drug paraphernalia.

For the assault offense, Frijo was sentenced to three years in prison and three years of post-release supervision. For the possession count, he was given three years in prison and two years of post-release supervision. The paraphernalia charge was satisfied by Frijo pleading earlier this year.

After court, Deputy Chief Assistant District Attorney Brittany Grome Antonacci said the charges stemmed from separate incidents earlier this year. On May 19, the Auburn Police Department was dispatched for a call on East Genesee Street about someone shooting a woman in the head with a BB gun pellet. The woman still had the pellet in her head and had to be taken to Upstate University Hospital in Syracuse.

Grome Antonacci noted the victim said she was shot by Frijo and that the victim said she saw Frijo's wife, Tamara L. Frijo, hand him the BB gun. Tamara was charged May 31 with fifth-degree conspiracy by the APD.

The Frijos were not located on May 19, Grome Antonacci said, but Joseph Frijo was stopped at a traffic stop on May 31, with Tamara as his passenger. Grome Antonacci noted the vehicle the couple was in matched the description of the vehicle given by the assault victim. Joseph had a suspended license at the time and $540 in cash was found in his pocket when he was picked up.

The Frijos were taken into custody and law enforcement discovered a BB gun, a backpack with CO2 canisters used for a BB gun, a digital scale, 22 glassine envelopes of heroin and fentanyl compound and 18 grams of synthetic Molly. Grome Antonacci said other charges related to Frijo's offenses were covered by the plea.

Also in court

• The sentencing for the third defendant connected to a 2019 homicide in Auburn has been pushed back to February.

Tyree Anglin, whose most recent listed address was 119 N. Division St., was originally supposed to be sentenced by Leone Thursday for his involvement in the death of 36-year-old Joshua Poole. However, during a conference in court, Anglin's sentencing was adjourned to Feb. 17. A pre-sentence investigation had previously not been done for Anglin, so Leone ordered for one to be done. 

Back in June, Anglin pleaded guilty to first-degree manslaughter, a class B felony. He was originally slated to face charges of second-degree murder, a class A felony; first-degree attempted robbery, a class C felony; and fourth-degree conspiracy, a class E felony. For the manslaughter count, he is expected to be sentenced to 10 years in prison and five years of post-release supervision.

Answering questions regarding Poole's shooting during his court appearance in June, Anglin said the scene at 8 Delevan St. was "an attempted robbery gone bad." He said he and his fellow defendants Luciano Spagnola and Gage Ashley had been at the home of the fourth defendant, Christian Rivera, of Auburn, the night before the shooting, though Anglin said he couldn't recall Rivera's exact address. Rivera planned the robbery that lead to Poole's homicide, law enforcement said at the time. Authorities alleged that Rivera provided money for the masks and gloves to be utilized during the robbery and provided the 20-gauge shotgun and 9-millimeter handgun used at the incident. Rivera's trial is still pending.

Law enforcement charged Anglin, Spagnola and Ashley with murder not long after the shooting took place on Nov. 15, 2019, while Rivera was indicted in November 2020 on charges including including second-degree murder, first-degree attempted robbery, fourth-degree conspiracy and fourth-degree criminal possession of a weapon

Last month, Spagnola received a sentence of 17 years to life in prison for two counts of second-degree murder in November, along with sentences for various other counts. Ashley was sentenced on Dec. 16 to 21 years to life in state prison for first-degree murder and second-degree murder, plus sentences for additional charges.

Ashley and Spagnola were previously identified by APD as Poole's shooters but because Spagnola was 17 at the time, he couldn't be charged with first-degree murder.

Staff writer Kelly Rocheleau can be reached at (315) 282-2243 or kelly.rocheleau@lee.net. Follow him on Twitter @KellyRocheleau.

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Education and City Reporter

Hello, my name is Kelly Rocheleau, and I cover the education and city beats for The Citizen and auburnpub.com. I've been writing for the paper since December 2016.

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