KINGSTON, N.Y. — One of the two men charged in the 2020 shooting death of 12-year-old D’Janeira Mason has pleaded guilty to a weapons charge, and the other has been offered a sentencing deal if he agrees to plead guilty to murder.
Robert “Nikki” James, 46, pleaded guilty Wednesday in Ulster County Court to the felony of criminal possession of a weapon in connection with the Dec. 17, 2020, shooting at 60 Van Buren St. in Midtown Kingston that left D’Janeira dead and her 10-year-old brother, Dasane, injured. James also pleaded guilty to an unrelated drug sale charge.
In exchange for the guilty pleas, Ulster County Judge Bryan Rounds agreed to sentence James to 13 years in state prison for the weapons charge and five years for the drug charge, with the sentences to run concurrently, meaning at the same time.
The other suspect in the case, 24-year-old Gilbert Thomas, James’ stepson, was offered a deal Wednesday under which he would get “something less” than the maximum sentence of 25 years to life in state prison if he pleads guilty to second-degree murder on Friday, Ulster County District Attorney David Clegg said.
In a court proceeding Thursday, Clegg said the deal was a “take it or leave it” offer, and Rounds agreed with a defense request to give Thomas until 10 a.m. Friday to accept or reject the deal so he has time to talk it over with his family.
“What we have done is the best office this office is willing to … given the circumstances of this case,” Clegg said following the proceeding. “We have let him (Thomas) know that if this offer isn’t accepted by 10 a.m., then the offer goes up, [and] a week after that, the offer is gone and we will go to trial.”
Rounds said if Thomas doesn’t accept the deal on Friday, the court will move forward with pretrial hearings that originally were scheduled for Thursday. The trial would begin Nov. 8.
D’Janeira and Dasane were inside their family’s apartment on Van Buren Street when they were struck by gunfire that came from outside the residence, authorities have said. D’Janeira died at the scene. Dasane was struck in the arm. Authorities said James had a loaded weapon at the time of the shooting but that Thomas fired the shot or shots that struck the children.
James and Thomas, both of 49 Franklin St. in Midtown Kingston, initially both were indicted for second-degree murder.
Clegg said Thursday that the shooting was gang-related, though he declined to elaborate. He said Thomas has admitted to being a member of the Bloods street gang.
Thomas was the cousin of Daniel Thomas, 27, who was fatally shot on Oct. 24, 2019, near the intersection of Cedar and Prospect streets in Midtown Kingston. No arrest has been made in that case.
