Officer Patty Parete died in February, a result of being shot by Harris in 2006. Her partner, Carl Andolina was also wounded. Parete's death was classified as a homicide. Harris pleaded guilty to two counts of attempted murder and was sentenced to 30 years to life in prison.
In a letter to Parete's family, Sedita says he feels it would be lawful to re-present the case to a grand jury and seek a first degree murder indictment, but that would mean the attempted murder conviction would be set aside, so he had to decide whether moving forward would be appropriate.
Sedita admits this was one of his most difficult decisions he's ever made as a prosecutor, but based on the wishes of Parete, her famlly and Buffalo Police, he will not re-open the case. Sedita adds Harris won't be eligible for parole until 2037 and will unilkely be released from prison.
Sedita does note if Harris does successfully appeal his conviction on attempted murder, he will reconsider. Harris has appealed several times and has been rejected.