Pre-sentence investigation report for stalking conviction in Onondaga County

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.

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 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.

2. On November 13, 2012, Defendant appeared before an Onondaga County Court Judge and pleaded not guilty to the charge. Defendant was released after posting bond and was ordered to report to the Pretrial Services Agency. On December 11, 2011, in accordance with the terms of a written plea agreement, Defendant pleaded guilty to Stalking, 4th Degree. The Parties entered into a plea agreement calling for dismissal of the original indictment and filing of the charge of Stalking, 4th, a Class B Misdemeanor. Jones is scheduled to be sentenced on January 12, 2012.

3. According to his supervising pretrial services officer, Zips made a satisfactory adjustment while under pretrial supervision and reported as directed. Also, Zips maintained employment and there were no substance-related issues.

The Offense Conduct

4. The victim is a 12-year-old female neighbor who has been acquainted with the Defendant for 5 years.

5. The Defendant is a 30-year-old employee of Denny's restaurant who lives with his mother in the victim's neighborhood.

6. On November 11, 2011 at approximately 8:00PM, Defendant's mother was absent from their home and Defendant encountered the Victim as she walked to the corner store for her mother. Defendant asked the Victim what she was going to buy at the store. Victim replied that she was buying a can of coffee for her mother. Defendant replied that he and his mother had 10 cans of coffee given to them by a relative and that neither of them drinks coffee, so the Victim could have a can to take back to her mother without buying the coffee. Defendant invited the Victim into his home, supposedly for the can of coffee.

7. On that same date and upon Victim's entrance of Defendant's home, Defendant locked the doors to his home and told the Victim that he knew she was interested in him as a "boyfriend." Victim stated that she never thought of Defendant in that way and asked him to unlock the door and let her out of the house. Defendant refused, though Victim began to cry and shake, and begged the Defendant to open the front door and let her out of the house.

8. Defendant lured the Victim into his home under false pretenses, then held her against her will with intent to harass, annoy or alarm her, which was likely to and did, in fact, cause the Victim to reasonably fear physical injury or serious physical injury.

9. After approximately 1 hour, Defendant stated that his mother was due home shortly, he unlocked the front door to the premises, and he allowed the Victim to leave the premises.

10. The Victim immediately ran to her home and told her