Pre-Sentence Investigation
ONONDAGA COUNTY PROBATION DEPARTMENT
PRESENTENCE REPORT
Court: Onondaga County Case No.: 11-4949 Indictment#: 11-1-20
Judge: Fred Friendly AKA/Maiden: N/A DR#: N/A
Prosecutor: James Joyce Age/DOB: 10/01/81 Court Cont.#: N/A
Main St. NYSID#: 937532
Legal Counsel: Tim Tom Tully, NY 13159 FBI#: 328-488-94
Phone [HIDDEN]
Offense Date: 11/11/11 Arrest Date: 11/12/11 Conviction Date: 12/11/11
Original Charges: Stalking 2nd Final Conviction: Stalking 4th
Charge Code: 120.45 NYS Penal Law
A Class B Misdemeanor
Codefendant/Correspondent: N/A
Restitution: N. Relationship to Victim: Acquaint. Victim Impact: Sent: X Rec'd: N/A
Disposition Date: 01/12/12 Plea Bargain: Unknown
Family Court History: N. Criminal History: N. Probation/Parole/Pretrial Release: N
Incarcerations/Placements: N. Pending Charges: N
Support Source: Denny's/FT/$180/wk Resides w/Relationship: Mary, Mother
Educ.: 12th Children: 0 Health/Disability: N. Mental Health: N. Substance Abuse: N
Disposition: Date:
CIRCUMSTANCES OF THE OFFENSE
On November 11, 2011, with intent to harass, annoy or alarm a 12-year-old female who lived in defendant's neighborhood, this 30-year-old Defendant lured the female into his home, locked the doors to his home, and held her against her will, which was likely to cause the female to reasonably fear physical injury or serious physical injury.
DEFENDANT'S STATEMENT
Defendant states that he has known the victim for 5 years and that she is very friendly toward him. Defendant expressed no remorse, minimizes the serious nature of the offense, and believes the victim is secretly "interested" in him.
VICTIM IMPACT
The victim's parents and the victim state that there is no financial restitution to be made but insists that the victim was merely polite to the defendant, had no other interest in him whatsoever. They also state that the victim is not attending counseling but does remain fearful of the defendant. The victim states that the defendant did not appear to be "drunk" or "high" at the time of the offense. The victim's parents and the victim all want to have the defendant receive the maximum incarceration for his crime.
MENTAL HEALTH
Defendant has not been referred for counseling or group therapy.
SUBSTANCE ABUSE
Defendant admits to drinking approximately 2 beers per day since the age of 18. Defendant admits to no other drug/alcohol use and there is no criminal or civil court history connected with drug/alcohol use.
COMMENTARY
Defendant lacks insight and personal responsibility for the seriousness...
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