The sentencing of a Highland Park man for the murder of Colin Nutter was delayed Tuesday after the defendant tried to switch attorneys just before he was due to find out how much time he will spend in prison.
Philip Vatamaniuc — who was 17 when authorities say he and two friends shot and killed Nutter four years ago this month — is still expected to be the first person sentenced in the case, but that has been delayed for a week because of Tuesday’s unusual legal twist.
Though it’s never been established who fired the shot that killed the 20-year-old Highland Park man — Vatamaniuc and another defendant, Benjamin Schenk, each identified the other as the gunman — Lake County Judge Victoria Rossetti found Vatamaniuc guilty of first-degree murder in April. The judge apparently rejected defense attorney Patrick Quilty’s arguments that Vatamaniuc was merely present during Nutter’s murder, not a participant in it.
Now 21, Vatamaniuc faces a wide range of possible sentences, from 35 to 75 years.
But just before Rossetti was due to sentence Vatamaniuc on Tuesday afternoon, another attorney, Renea Amen, filed a motion on behalf of Vatamaniuc, arguing he deserved a new trial because of ineffective counsel. Amen also asked to take a limited role in the defense for Tuesday’s proceedings.
Quilty, who was also present, said it appeared that members of Vatamaniuc’s family had retained Amen without his knowledge.
Rossetti told Amen the law does not allow her to enter the case as a limited participant, and directed her to speak with Vatamaniuc’s family about whether she would take over the case. After a break, Amen withdrew the motion, saying that the defendant’s family didn’t have the funds to retain a second attorney.
The turn of events, however, prompted Quilty to ask to be removed from the case and to have a public defender appointed for Vatamaniuc.
The judge said she couldn’t allow that, noting that the motion seeking a new trial was withdrawn and that Quilty had “vigorously defended” Vatamaniuc at his trial. But the judge did agree to a one-week postponement.
Both Quilty and prosecutors declined comment after the hearing.
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The postponement marked another delay for Nutter’s family members, who were planning to give impact statements at the hearing. Nutter’s father, Michael Nutter, had said when Vatamaniuc was convicted that it was “a long wait for justice.”
Authorities say Vatamaniuc, along with Schenk, then 20, and another 17-year-old, Michael Coffee, had set up a marijuana deal with Nutter with the intent of robbing him, but then decided to shoot him so they could steal his car.
A series of blunders followed: The three dumped Nutter’s body by an Edens Expressway ramp in Wilmette, then decide to return for his wallet but had trouble finding the body. Coffee and Schenk later used Nutter’s key to enter his family’s home in Highland Park and steal another family car. The three took both cars into Chicago, where one was abandoned after the other rear-ended it.
Prosecutors said Vatamaniuc initially lied about his involvement.
Schenk, of Highwood, pleaded guilty, agreed to testify against Vatamaniuc and is due to be sentenced later. Coffee, also of Highland Park, has been found unfit to stand trial and is in a treatment facility; prosecutors hope with treatment he will eventually be found fit to stand trial.
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