March 21, 2016 at 4:12 p.m.
Man draws prison sentence for attempted robbery, hitting jail officer
Man draws prison sentence for attempted robbery, hitting jail officer
On Aug, 31, 2015, Dustin J. LaPuma was charged with armed burglary, attempted armed robbery, negligent handling of a weapon, three counts of disorderly conduct, resisting an officer, battery by prisoners, and misdemeanor bail jumping, all with the repeater enhancer. Three of the charges were felonies.
According to the criminal complaint, the alleged victim called 9-1-1 just after 8 p.m. on Aug. 29, to report LaPuma was trying to break into his house and vehicle.
While officers were responding to the alleged victim's location, the man called back to say that LaPuma, who he knew from prior contact, had fled. A description of LaPuma's vehicle was provided.
When a member of the Rhinelander Police Department arrived at the alleged victim's residence, he "observed the butt stock of a long gun on the grass in the front yard near the front entrance," according to his report. "The barrel and receiver portion of the long gun was near the driveway at the front of the residence." Upon closer inspection, the officer discovered the rifle was actually a BB gun.
The victim told the officer that he was inside his residence when he heard "four or five loud bangs" at his front door. He said he thought someone was trying to kick the door in to gain entrance. When he opened the door, he said he was confronted by LaPuma, who initially had part of his face covered with a T-shirt and was allegedly brandishing a rifle toward his head and face.
According to the police report, the victim said he recognized LaPuma despite the mask.
The victim said he grabbed the barrel of the rifle and wrestled with LaPuma for it. As the fight moved to the front lawn, the alleged victim struck LaPuma on the left side of the face with the rifle in self-defense, breaking the rifle, the report states.
He momentarily restrained LaPuma on the ground and called 9-1-1, but LaPuma was able to escape and fled to a waiting vehicle.
The victim said he recognized the female driver of the vehicle from Facebook and identified her to the officer.
Police were called to the St. Mary's Hospital emergency department at about 9:45 that same evening when LaPuma sought treatment for "a significant injury on the left side of his head." He told police he had gone to the alleged victim's house to purchase marijuana and decided to rob him over an insult related to a prior transaction.
He attempted to leave the treatment room a couple of times but was stopped by officers, according to the report. Eventually he had to be restrained to the bed. He was later medically cleared and transported to the Oneida County Jail for booking.
At about 11:16 a.m. Aug. 30, LaPuma reportedly told jail staff that he had smuggled several prescription anti-anxiety pills into the jail and had taken them.
When he was removed from his holding cell and searched, LaPuma allegedly punched a corrections officer in the face.
Both the officer and LaPuma were taken to the emergency room for treatment. The corrections officer told an Oneida County detective that LaPuma had punched him for no reason and without warning.
The corrections officer suffered a black eye and a concussion as a result of LaPuma's attack. He was off work for a while because of his injuries.
On March 4, LaPuma accepted a plea agreement negotiated by his attorney Steve Richards and assistant district attorney Steve Michlig. In exchange for his no contest plea to attempted armed robbery and battery by prisoner, the remaining charges, along with the charges in a separate misdemeanor case, were dismissed.
At the sentencing hearing, the corrections officer LaPuma punched made a victim's impact statement.
He said this was the first time anything like this had happened to him in almost 25 years as a corrections officer.
"My only recourse is the court sentence," he told circuit judge Michael Bloom.
He asked the judge to sentence LaPuma to prison to send a message to the public and jail inmates that attacking a corrections officer will not be tolerated.
"Mr. LaPuma has been in jail several times and he knows the rules," the victim said.
District attorney Michael Schiek said LaPuma has racked up a significant criminal history since 2010 and has had his probation revoked in every case.
Due to the seriousness of the two charges, including the assault on the corrections officer, jail isn't a suitable punishment in this case, Schiek argued.
"It's time that Mr. LaPuma receive some time in prison," he said.
The plea agreement called for Schiek to recommend a two-year prison sentence followed by three years extended supervision.
Richards said his client has an alcohol and drug addiction problem complicated by mental health issues.
He had originally pursued a not guilty by reason of mental disease or defect defense for LaPuma, but the psychological screening didn't support the plea, he said.
"We're at a crossroads about what it's going to take to prevent Mr. LaPuma from committing further crimes," Richards told the court.
He also asked that Bloom order the Department of Corrections to provide LaPuma with mental health treatment while he is in prison.
Given his chance to speak, LaPuma apologized to the corrections officer. "I was not in my right mind," he said.
Bloom said there were two distinct crimes committed at different times during the night of Aug. 29, 2015.
Both were aggravated crimes involving violence.
He also noted that in his many years of experience with the criminal justice system in Oneida County, he has found that corrections staff often demonstrate the most empathy for the inmates at the jail.
"Battery by prisoner is taken more seriously then regular battery for a reason," he said.
The judge said the criminal justice system has not, to this point, been able to get LaPuma to change his unlawful behavior.
"There is no reasonable alternative to prison this time," he added.
He then sentenced LaPuma to three years initial incarceration and three years extended supervision, exceeding the plea agreement by one year on the incarceration end.
LaPuma's sentence will run consecutive to the sentence he received for his last probation revocation.
Jamie Taylor may be reached at [email protected].
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