By Thomas J. Prohaska
The Buffalo News
LOCKPORT, N.Y. — John A. Polley contended the Jan. 11 shooting of his ex-wife was an accident from the very start, according to a recorded 911 call played in court Friday.
Polley, 66, of 78th Street, Niagara Falls, has pleaded not guilty to an indictment charging him with both murder — intentional killing; and manslaughter — unintentional killing. Prosecutors are expected to have to pick a theory when they take the case to trial Sept. 21.
The 911 tape, played in an evidentiary hearing before Niagara County Judge Sara Sheldon Sperrazza, showed Polley insisting it was an accident from the start.
“This is John A. Polley, 337 78th St.,” he told dispatcher Tajwanna Jackson in a breathless, loud manner. “We just had an accidental discharge of a weapon. Please send whatever . . . send an ambulance or whatever.”
“Who’s shot?” Jackson asked.
“Julie,” Polley answered.
Julia A. Polley, 52, was shot in the head on Polley’s bed in the basement of the home.
John Polley later contended that the woman, who had been divorced from him seven years before, had gone home to have sex with him after a day of drinking at two veterans’ posts. He told detectives he and Julia were fooling around with the gun during foreplay.
“Who discharged the gun?” Jackson asked on the 911 tape.
“I did,” Polley said.
“Is she breathing?”
Suddenly much calmer and in a lower voice, Polley answered, “No.”
“Where was she shot at on her body?” Jackson asked.
“Head shot,” Polley replied.
Polley hung up after being told police and an ambulance were coming, but Lt. Theodore S. Weed, a friend of Polley’s who was working as the desk lieutenant that night, called him back.
“What’s going on, buddy?” Weed asked.
“We were [expletive] around with a handgun and [the response became unintelligible].”
“Where’s the weapon at?” Weed asked.
“It’s laying on the bed,” Polley said.
Weed advised Polley to be ready for the police and have his hands visible when he let them in. Moments later, Polley told Weed, “I know you’re trying to calm me down.”
According to testimony Aug. 4, Officer James Conte said Polley exited the house through a side door and refused to put his hands up when ordered to by Officer Jay Fisher. Eventually, Conte tackled Polley.
Conte also testified that Polley swore at police repeatedly but also urged them to shoot him. At Police Headquarters, Polley said, “Kill me. I wish you had shot me.”
Weed said he was ordered to sit in on the questioning in hopes his presence would help calm Polley down, but he didn’t ask any questions himself, as Polley was interviewed by Detective Frank Coney and Capt. Ernest C. Palmer.
Sperrazza ruled everything Polley said would be admissible at the trial.
Defense attorney Joseph M. LaTona said he will ask for a judicial subpoena requiring the Police Department to turn over some items not subject to a defense attorney’s subpoena.
LaTona questioned Weed Friday about the existence of tapes of radio dispatch calls relating to the incident.
Copyright 2009 The Buffalo News
All Rights Reserved