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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...
Order of Protection for Victim; Fine
ATTACHMENTS
____Prior Presentence Investigation
____Juvenile History
__X_NYSID
____Motor Vehicle Abstract
____Substance Abuse Evaluation
____Psychiatric, Psychological, or Mental Health Information
____Victim Impact
____Conditions of Probation
____Other
DATE/AUTHOR
XXXXX X. XXXXX
Probation Officer
Sammy Snead
Probation Supervisor
IN THE COUNTY COURT
FOR THE COUNTY OF ONONDAGA, NEW YORK STATE
The People of the State of New York }
v. } PRESENTENCE REPORT
John Zippy } Docket No. 5930
Prepared for: The Honorable Fred Friendly
County Court Judge
Prepared by:
Probation Officer
Onondaga County Courthouse
(315) [HIDDEN]
Assistant District Attorney: Defense Counsel:
Mr. James Joyce Mr. Tim Tom
Onondaga County Courthouse 1 Main Street
Syracuse, NY 13202 Tully, NY 13159
(315) [HIDDEN] [HIDDEN]
Sentence Date: January 12, 2012
Offense: Count One: Stalking, 4th Degree (120.45 NYS Penal Law)
(3 months/$500.00 fine)
Release Status: At liberty on a $1,000.00 personal recognizance bond with pretrial supervision. (No pretrial custody.)
Detainers: None
Codefendants: None
Related Cases: None
Date Report Prepared: January 2, 2012 Date Revised: N/A
Identifying Data:
Date of Birth: 10/01/81
Age: 30
Race: White
Sex: Male
SS#: 123-45-6789
FBI#: 328-488-94
USM #: N/A
State ID#: N/A
PACTS ID#: 1111
Education: 12th Grade
Dependents: None
Citizenship: U.S.
Legal Address: 4 Main Street
Aliases: "Zippy the Pinhead"
PART A. THE OFFENSE
Charge(s) and Conviction(s)
1. John Zips was named in a one-count indictment filed in the Onondaga County Court on November 12, 2011, charging: on November 11, 2011, with intent to harass, annoy or alarm a 12-year-old female who lived in defendant's neighborhood, this…
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