Motion opposing dismissal

1. UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Plaintiff 789cv689 (MM)
-against-
Christoph Blume
Defendant
PLAINTIFF'SAFFIDAVIT/AFFIRMATIO
N IN OPPOSITION TO DEFENDANT'S MOTION
STATE OF NEW YORK
ss
COUNTY OF Buffalo
Melanie E. Miller (paralegal) affirms the following under penalty of perjury:
or
being duly sworn, deposes and says:
1. I respectfully submit I am the plaintiff in this action, this affidavit/affirmation in
opposition to the motion dated June 16, 2020, made by Kevin Spliter, attorney for the
defendant
2. 2. I have personal knowledge of facts which bear on this motion.
3. The motion should be denied because.
a. Mr. Christoph Blume has been married to Lori Blume for 27 years and have
two adult children.
b. There has been a history of agitation, animosity, and ill-will throughout the
years between Christoph Blume and Stephon Archer.
c. Mr. Christoph Blume killed Stephon Archer on July 3, 2012 while at a
cookout at his local resident.
d. Both Christoph and his brother in law Stephon were drinking at the cookout,
witnesses stated that their disagreements and behavior always became more
intense when the men were drinking.
e. Christoph is a 55-year-old schoolteacher, while Stephon is a 22-year-old
electrician and during altercations, Stephon always got the better of Christoph
because of the age and body type differences.
f. Christoph and Stephon do not have a violent background, all that is known is
they could not get along with each other. Witnesses stated they believe that
Stephon was jealous of his sister's and Christoph’s relationship.
g. Stephon was upset because he believed that his invite to the cookout was an
afterthought.

2. h. After a fist fight between Stephon and Christoph, Christoph ran into the house
and upstairs and too his room slamming the door. Christoph obtained his
Remington 870 pump action 12-gauge shotgun.
i. Stephon was a bleeding and scratched up after the fist fight and Lori his sister
brought him inside the house. She then sees Christoph on the stairs with his
shot gun and ordered him to put the shoot gun up.
j. Stephon still woozy from the fight staggered towards Christoph, Christoph
shot Stephon 4 times killing him.
k. Christoph had the opportunity to walk away, instead he killed his wife’s
brother in cold blood.
I declare under penalty of perjury that the foregoing is true and correct.
Date:___________ _______________________
Signature
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Type or Print Name
________________________
Address
OR:
Sworn to me before this June day of 16, 2020
________________________
Signature
________________________
Type or Print Name
____________________
Notary Public