Pre-Sentence Investigation Onondaga County Probation Department Presentence

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 of this offense, making him likely to repeat the offense against this or other victims unless he is faced with a period of incarceration.

RECOMMENDATION

__X_Incarceration State

____Probation Local__X_

____Shock Probation

____Conditional Discharge

____Alternative Program

____YO Eligible

____Restitution

__X_ Other (i.e., Fine, Community Service). 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 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.