SYRACUSE, N.Y. (AP) — An Auburn man convicted of fatally stabbing his boyfriend after a brief and volatile relationship is now seeking a reduced prison sentence, arguing he was a victim of domestic violence.
Tyler Kilmer, 31, was found guilty of second-degree murder in the death of DeVonte Crosby, 31, who was stabbed Nov. 13, 2024, inside Kilmer’s home on Oswego Street, according to court records.
Prosecutors said the killing followed a series of alcohol-fueled domestic incidents between the two men, who had been in a relationship for just 10 days.
Kilmer, who faces a sentence of 25 years to life in prison, is now asking the court to apply New York’s Domestic Violence Survivors Justice Act — a law that allows judges to impose reduced sentences if abuse is proven to be a significant factor in a crime. If granted, Kilmer could face a maximum sentence of 15 years.
During his trial, Kilmer and his attorneys argued he acted in self-defense, claiming Crosby was aggressive and threatened him with a knife, leading to what Kilmer described as a “fight for life.”
Testimony revealed a turbulent relationship marked by multiple police responses to the home prior to the stabbing. In one instance, officers separated the two by taking Kilmer to a hotel in Syracuse. He later returned to the residence in the early morning hours, where the fatal confrontation occurred.
At a recent hearing, a social worker, Dr. Robert Smith, testified that Kilmer had experienced significant abuse throughout his life, including from his father, a previous partner and Crosby. Smith said the trauma may have altered Kilmer’s brain function and influenced his actions.
However, prosecutors challenged those claims. Onondaga County prosecutor Anthony Copani argued that much of Smith’s assessment relied on Kilmer’s own statements and lacked independent verification. Under cross-examination, Smith acknowledged there was no direct evidence of significant physical, sexual or psychological abuse by Crosby.
Additional testimony came from Kilmer’s mother, who said he witnessed domestic violence as a child, and a friend who described an incident in which Crosby allegedly threatened Kilmer and threw a liquor bottle at him.
Prosecutors pointed to a Snapchat video recorded by Crosby that they say undermines Kilmer’s claims. In the footage, Kilmer is seen throwing chairs and damaging property while blaming Crosby for his behavior.
In closing arguments at trial, Copani told jurors that Kilmer altered his account of events to fit the evidence, portraying himself as a victim despite being an active participant in the violence.
Under the Domestic Violence Survivors Justice Act, a judge must determine whether a defendant experienced “substantial” abuse and whether that abuse was a significant factor in the crime. The court must also decide whether the standard sentence would be “unduly harsh.”
Onondaga County Judge Gordon Cuffy is expected to rule on Kilmer’s request when he is sentenced June 1.
The case adds to ongoing debate over how courts apply the law, particularly in homicide cases involving intimate partners, where claims of abuse and self-defense often collide.
