BUFFALO, NY (WKBW) — “To sentence Matthew Gerwitz to the maximum sentence allowable under the law,” stated Sheila DiTullio, Erie County Court Judge.
Judge DiTullio sentenced 31-year-old Matthew Gerwitz to 65 years to life in prison.
The City of Tonawanda man was found guilty in September for the May 26, 2020 murder of 32-year-old Joseph Marasco, City of Tonawanda, and attempted murder of six City of Tonawanda Police officers.
The judge gave Gerwitz a chance to speak before he was sentenced. He initially declined, stating “I wrote a couple of things down, but I don’t know if I can read it.”
Matthew Gerwitz was sentenced to 65 years to life in prison for the murder conviction Joseph Marasco in the City of Tonawanda in 2020 and also for the attempted murder of six police officers in the city of Tonawanda. @WKBW pic.twitter.com/ZTys0ajfER
— Eileen Buckley (@eileenwkbw) December 11, 2023
“You may speak, you have the right,” Judge DiTullio then stated. “I’m not sure what I would say,” answered Gerwitz. “Say whatever you wish — microphone is yours,” remarked the Judge.
Then Gerwitz made the briefest of statements. "Um basically that I’m sorry this happened,” stated Gerwitz.
The weapons he used were all homemade ghost guns, including an AR-15-style assault weapon. The judge asked him about remarks he made to investigators in the case evening saying that he “liked guns”.
“You called yourself a solider for the people. What does that mean Mr. Ger
witz? Tell me about that?” inquired the judge. “I thought of myself more like a security person, not a slaughter like I’m made out to be,” replied Gerwitz. “So, you were a protector of the people?” questioned the judge. “Yeah,” Gerwitz responded.
Police say Gerwitz intentionally shot Marasco during what was described in court as a “stupid argument” outside his apartment on Morgan Street. Gerwitz fled, then returned and intentionally shot at officers.
One officer, Detective David Ljilanich, was shot multiple times. He was wearing a bulletproof vest and survived, but his wife, Monica, who spoke at the sentencing, described how difficult life has been for her husband and all the officers attacked in the May 26th incident. She stated he has retired from a “job he loved” because he suffers from Post Traumatic Stress Syndrome. The wife also explained how she wakes him up at night from his terror to explain he is “safe”.
She told that courtroom she is “angry” at the killer's choices that have changed their lives forever and now Gerwitz must “deal with the consequences” of his actions and spend the rest of his life behind bars. “Evil did not win.”
The judge thanked her for addressing the court calling it a “powerful statement.” Judge DiTullio then asked the defendant if he wanted to respond to the officer's wife’s comments, but he declined.
Gerwitz’s defense attorney spoke at length about how Gerwitz grew up in a difficult life, surrounded by domestic violence, and that he lived through “tumultuous times”. He tried to convince the judge to only a 25-year-to-life sentence so he could be rehabilitated while in prison and eligible for parole. He also stated that his client should not be penalized by taking his case to trial instead of entering a plea deal.
But the judge called his actions a “senseless act” and “reckless shooting”.
“On May 26, 2020, the life of Joseph a Marasco was selfishly taken, and six of our police officers face a night that they will never forget,” remarked Police Captain Kevin Ulmer, City of Tonawanda Police.
Captain Ulmer joined Erie County District Attorney John Flynn, Erie County Sheriff John Garcia, and prosecutors to talk with reporters following the sentencing.
Flynn says there's little chance Gerwitz will ever get out of prison.
“He ain't getting out of jail, and so he'll be in jail for the rest of his life,” stated Flynn.
Flynn said he believes this sentence brings justice to the Marasco family but will never replace their loved one.
“That's never going to happen and for any DA or any law enforcement official to say, we're going to give you the family closure is just being naive. we're never going to be able to get the family full closure,” explained Flynn.
DA Flynn said this was one of the top five cases his office has investigated since he's been in office.
“This kind of action, you know, happens in the movies. You know, you don't see that every day here. You don't see that every day anywhere in this country,” described Flynn. “I don't think I’m being too over-dramatic here by saying that, you know, this could be number two, as far as crazy crime scenes and crazy incidents, that we've had, in the past 10 years in this town.”
Flynn also addressed the issue that Gerwitz admitted to making all the guns.
“This is a this is a problem for our community these ghost guns, they, you know, there's no registration, there's no tracking of these,” noted Flynn.
I asked the City of Tonawanda police captain about the trauma his officers suffered that day.
“It shook the foundation of our police department. It shook the foundation of our community,” responded Captain Ulmer. “This incident has never happened in our city, and it had a ripple effect. And I know that it has affected our officers, and I just pray and hope for everyone that was involved, that we can now move forward from this because ultimately this is something that will remain in the minds of everyone for the rest of their lives.”
