December 10, 2013 at 4:28 p.m.
First defendant sentenced in Monico burglary case
First defendant sentenced in Monico burglary case
Nearly a year later, one of those suspects has received his punishment.
Anthony Briggs, 18, was sentenced Tuesday to five years probation and nine months in jail. In October, Briggs entered no contest pleas to eight counts of criminal damage to property and two counts of theft. A presentence investigation was conducted prior to Tuesday's sentencing hearing.
"The victims have a sense of loss and anger at having their residences broken into and damaged, and for what? A review of the police reports and the presentence investigation reveal there was really nothing taken of great value," Oneida County Assistant District Attorney Steve Michlig said in describing the extent of property damage in the case.
He said a final restitution amount is still being calculated but the damage is in the range of $100,000.
"This is one of those types of offenses that defies definition," Michlig said. "While these are property crimes, I think it's fair to say life will never be the same for the victims. These were intrusions that had a psychological effect."
About $85,000 of the property damage was focused on one residence, Michlig said. According to the criminal complaint, there was extensive damage done to the interior of the home and it appeared a hatchet had been used to inflict it.
Michlig said he agreed with the presentence investigation recommendation of three years probation, but asked the court to lengthen that supervision term if Briggs is offered an opportunity for expungement.
"The state wouldn't object to that, but it should only be offered under the appropriate circumstances," he said. "If the court is going to look at expungement I ask for a longer probationary period and a significant amount of the restitution be paid. I think (Briggs) has to earn (the expungement). I think part of his rehabilitation is paying (restitution) back. He has to understand what he has done."
Briggs' attorney, public defender John Voorhees, noted that his client was only 17 when the offenses occurred and asked the court to put an emphasis on rehabilitation in the sentence.
"I believe he understands the seriousness of this case," Voorhees said. "I don't have an explanation for what happened here, but there are some underlying factors in Mr. Briggs' personal life (a death in the family that led to further upheaval) to address for him to be a productive adult."
For the most part, Briggs has been engaged in a typical high school life that has included extra-curricular activities and a part-time job, Voorhees said.
"In light of his age, immaturity and lack of a criminal record, I ask the court to put an emphasis on rehabilitation," Voorhees said. "If his birthday was a few months later, we might have been in juvenile court on this."
Judge Michael Bloom decided to offer Briggs an opportunity to expunge the criminal charges from his record, but followed the state's recommendation of a longer probation sentence. He said the burden will be on Briggs at the end of the five years of supervision to prove expungement is appropriate. The payment of restitution will be key.
"I don't expect every penny, but it will be up to you to prove you have done everything reasonably possible to pay it," Bloom told Briggs.
He also said the offenses are too serious for there not to be any jail time.
"There are certain offenses that the public, justifiably, reacts badly to. It gets under their skin," Bloom said. "These were places people had put time, effort and money into. These are things that mean a lot to people, and for someone for no reason to come and bust it up - that would create a bad feeling inside them. There is something about just pointless, senseless destruction that's hard for people to shake off."
Bloom ordered nine months in the Oneida County jail with Huber privileges. Briggs was taken into custody following the sentencing hearing.
Later this month his co-defendant, Jeffrey Stefonik, 18, is scheduled for sentencing. He accepted the same plea deal with the state as Briggs and will be sentenced Dec. 20. The third suspect in the burglary spree was a 15-year-old who was referred to juvenile court.
Kyle Rogers may be reached at [email protected].
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