Chautauqua County District Attorney Patrick Swanson stands by the decision to go with a plea deal in the Robbins case.

Swanson said he did announce the “Gun Done” initiative in January, but the Robbins case did not include use of an illegal firearm. The “Gun Done” policy involves not negotiating or taking a plea deal for cases that include criminal possesion of a firearm.

Swanson said Keith Robbins, the defendant, was not illegally in possession of a firearm and allegedly used a long gun. According to Swanson, firearms covered by the “Gun Done” policy are defined as illegal pistols or semi-automatic handguns.

Robbins was charged with killing his wife, Shari Robbins, on Nov. 10, 2016, in a Prospect Street parking lot in Jamestown. Keith Robbins fled the area and was later taken into custody on Nov. 15 after a six-hour standoff with police at a Todd Avenue residence. Recently, Robbins accepted a deal of first-degree manslaughter, which carries a sentence of 20-25 years in prison and five years post-supervision release. Robbins will be formally sentenced on Dec. 18 in front of County Court Judge David Foley.

Swanson said in cases where an illegal firearm is used, the penalty could range from three to 15 years in state prison, which is less than what the plea deal entails.

Swanson added that family was also on board with the plea deal, or it would not have been pursued. With Robbins accepting the deal, Swanson said the family was spared having to go through a lengthy trial.

“More importantly, we spared the children,” he said.

If the case had gone to trial, the maximum penalty for manslaughter in the first degree is 25 years to life. Swanson said if Robbins met the 25 year portion of the sentence, he “probably would have paroled at 30 years.”

“We aren’t one of those states with a life sentence,” he said.

Swanson said the district attorney’s office was confident in their case, in part because of the work done by the Jamestown Police Department, but the plea deal was ultimately the best decision.

“In New York state, a 25 year sentence is about as good as you get,” he said.

When it comes to the “Gun Done” policy, Swanson said the policy is generally follow when it is applicable, unlike the Robbins case. However, even in other cases where illegal firearms are used, there may be extenuating circumstances in which the policy does not fit.

“You have to take into account different factors,” Swanson said.