December 20, 2013 at 6:52 p.m.
Final defendant sentenced in Monico burglary case
Final defendant sentenced in Monico burglary case
The sentence for 18-year-old Jeffrey Stefonik was in line with the sentence his co-defendant, Anthony Briggs, received earlier this month. Both defendants entered no contest pleas to eight counts of criminal damage to property and two counts of theft. Both defendants have an opportunity for the charges to be expunged from their record at the end of the five-year probationary term.
"If all goes well this will become nothing but a terrible decision you made when you were 18," Judge Patrick O'Melia told Stefonik. "I hope you remember this."
As he did when making a sentencing argument for Briggs, Oneida County Assistant District Attorney Steve Michlig said he wasn't opposed to expungement being offered as long as the length of the probation is significant. The presentence investigation report recommended three years of probation, but didn't mention expungement. Michlig recommended five years.
"If for the next five years this is the No. 1 thing in his life and he pays a significant amount of the restitution and doesn't come back - like so many do - with excuses (expungement is appropriate)," Michlig said. "This doesn't have to ruin his life, but he has to try hard. The probation needs to be significant."
The total restitution amount Briggs and Stefonik are responsible for is in the range of $100,000. Michlig said approximately $85,000 of that total is the cost of the damage to one of the homes the defendants broke into. According to the criminal complaint, extensive damage was done to the interior of the home and it appeared a hatchet had been used to inflict it.
"The damage that occurred here just shocks the conscience," Michlig said, noting that most of the break-ins just involved property damage and nothing of substantial value was stolen. "There is a question there's no answer to and that's why?" Michlig said. "Why did this happen? If (Stefonik) was older and had a prior criminal record we would be saying lock him up and throw away the key. But we're not to that point yet."
Stefonik's attorney, Brian Bennett, didn't have an explanation for his client's actions either but argued Stefonik is ready for positive life changes and a more rehabilitative sentence is appropriate.
"Part of doing criminal defense work is you get to see lives improve," Bennett said. "That doesn't always happen, but you do get cases where people change. What is important here is (Stefonik and Briggs) have both taken responsibility for what occurred. You don't always see that."
Bennett noted that Stefonik admitted everything to law enforcement once he was caught. Investigators were tipped off after a citizen out for a walk on Jan. 22 on Neptune Lake Road in Monico observed a suspicious vehicle parked alongside the roadway and could hear what appeared to be glass breaking at a nearby residence. The citizen relayed the license plate number to law enforcement and the subsequent investigation eventually led to Stefonik, Briggs and a 15-year-old suspect who was referred to juvenile court.
"Once he was caught he didn't deny anything," Bennett said. "That is, I think, indicative of what his character has been more often than not."
Judge O'Melia described the case as something more serious than the typical burglary spree committed by teens because of the substantial property damage involved.
"Some would describe this as 'cabin shopping.' I've seen 'cabin shopping' cases. They break in, get (what item they're after) and leave. This is not that case," O'Melia said. "It's cyclical. Every four or five years one of these cases comes up. People shouldn't have to put in more money just to recreate what they once had. (In the one home) virtually every room and everything was broken. I can't imagine what it was like walking in and seeing that."
O'Melia said jail time combined with a lengthy probation and the opportunity for expungement balances punishment with the rehabilitative needs of the defendant.
"Some punishment is needed for general deterrence to others who could possibly think of doing this," O'Melia said.
Stefonik also made a brief statement Friday.
"I just want to apologize to the people I hurt, the town of Monico, and my family," he said. "I'm truly sorry for everything. I want a chance to show how truly sorry I am."
Kyle Rogers may be reached at [email protected].
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