The Genesee man accused of shooting his grandfather in the back last year, injuring him, will serve 6 ½ to 15 years in prison.
John T. Polen IV, 22, entered into an Alford plea in June to one charge of attempted murder in the first degree. An Alford plea means the defendant asserts innocence in the case but accepts punishment.
On June 15, 2018, Polen was accused of firing one shot at then-91-year-old Turner Polen, causing wounds to the elder man’s right shoulder blade and right cheek.
Court records indicate John Polen received the above sentence on Tuesday in a hearing before President Judge Stephen Minor in Potter County Court. Polen received credit for 404 days of time served.
Wellsboro attorney William Hebe represented Polen.
As the crime is considered an act of domestic violence, Polen will not be allowed to possess firearms. Additionally, he is to have no contact with Turner Polen.
In June, District Attorney Andy Watson talked to The Era after John Polen entered his plea. At that time, he discussed some of the factors that need to be considered when developing a sentence.
In this case, a few of those factors included a psychological evaluation; Polen’s criminal background, if any; the strong evidence supporting the case; John Polen’s family history, which included allegations that Turner Polen had a history of harassing other family members including John Polen’s parents and grandmother; and Turner Polen’s anger about being shot.
Despite age and the onset of dementia, Turner Polen survived and was doing relatively well, with the biggest continuing issues being related to nerve and tendon damage in his right arm, according to Watson. The bullet struck Polen near his right shoulder blade, and bullet fragments moved up through his body and injured his face and neck.
Court records filed at the time of Polen’s arrest stated that at 1:14 p.m. June 15, his mother called 9-1-1 and reported that her son shot Turner Polen.
John Polen’s parents related to police that Turner Polen drove past their resident at 221 Corcoran Road, parked along the road and got out of his car. John Polen retrieved a gun from the hutch in the kitchen and stepped outside through the front door, and he could be heard yelling, “What are you doing here” several times before the sound of a gunshot could be heard.
According to the criminal complaint, John Polen told police that he said to Turner Polen not to come near him and asked three times what the older man was doing there as he pointed the gun at him and turned off the safety.
When Turner Polen reached across his body, John Polen pulled the trigger, firing one shot, court records alleged. After the older man fell, John Polen went back to the residence. There were no weapons recovered from Turner Polen, the records stated.
John Polen’s father told police there had been an “antagonistic history with the victim,” according to court records.
