But I'm Told It's Not A Defense

Judge rejects 'too drunk' defense

Michael Zeigler
Staff writer

(February 2, 2008) — Although Cyon Badger admitted shooting an innocent bystander during a dispute on Monroe Avenue last summer, he claimed he was too drunk to know what he was doing.

But a judge Friday rejected that defense, finding Badger guilty of intentionally killing Adam Emling and attempting to kill bouncer Frank Hall.

Ruling after a nonjury trial Badger requested, Monroe County Court Judge Frank P. Geraci Jr. convicted Badger of second-degree murder in Emling's death and attempted second-degree murder for trying to kill Hall.

Badger, 41, will be sentenced Feb. 20. He faces a prison term of 15 years to life to 25 years to life for murder and another 25 years for attempted murder.

Emling's family declined to speak after the verdict. Assistant District Attorney Joanne M. Winslow said they have been devastated by their son's slaying.

"I don't know if this brings closure (to Emling's family)," she said. "I don't know if they can ever have closure. They lost a totally innocent 24-year-old son."

Emling, a Florida native who came to Rochester nine months before he was killed and was living in Irondequoit, was slain outside Mark's Texas Hots on July 14, 2007.

Badger got into a fight with three young men after leaving Callahan's bar on Monroe Avenue. Hall, a bouncer at Mark's Texas Hots, intervened at one point and Badger left.

Badger went to his apartment across the street, got a 12-gauge shotgun and returned to shoot and wound Hall "for what he did to me," Badger said in a statement to police. Emling had no role in the previous fight but was standing outside.

Badger lowered the gun to shoot Hall and pulled the trigger, but the gun didn't fire and Hall ran back into Mark's, Winslow said. Badger loaded a new shell into the gun, pointed the gun at a woman standing next to Emling, then pointed it at Emling and fired from as close as two feet, she said.

Emling was hit in the abdomen.