AUBURN - A Union Springs man will serve time in prison for threatening a woman and holding her against her will.
Jon Hewitt, 48, of Springport, was sentenced in Cayuga County Court Tuesday to a minimum of one year and a maximum of seven years in state prison for committing the felonies of third-degree criminal possession of a weapon and first degree unauthorized use of a vehicle.
Hewitt was also given one-to-three years for first-degree unlawful imprisonment, a felony, which will be served concurrently with the other sentence. He will have to pay $674 in restitution and fees.
Hewitt pleaded guilty in August to threatening a woman with two knives, forcing her to go into his boat against her will, and restricting her movements on May 19.
Hewitt's attorney, Douglas Bates, said that the defendant suffers from severe manic depression. While he said he was not trying to “minimize the seriousness” of the crimes, Bates said he was “utterly convinced” that the defendant's condition combined with alcohol and drug use contributed to Hewitt's actions.
Bates added that Hewitt was not on his prescribed regimen of medication at the time of the incident, but has now “re-established his equilibrium.”
Before reading the sentence, Judge Mark Fandrich said that it is clear Hewitt suffers from mental illness, but he also poses a “significant risk” to the victim. State prison time is appropriate, Fandrich said.
Fandrich also stated that he would recommend Hewitt for a state substance abuse treatment program.
Also in court:
Jeremy Neale, 25, was sentenced to two years in prison and one year of post-release supervision for a drug possession charge. Neale, who lives at 1 McConnell Ave. in Auburn, pleaded guilty Aug. 21 to third-degree criminal possession of a narcotic, according to Chief Assistant District Attorney Jon Budelmann, who prosecuted the case. He was arrested in April after police say he sold crack cocaine to a police informant.
Neale had made a motion to withdraw his plea on Oct. 2, saying at the time that he did not fully understand his plea and did not believe his lack of prior felony convictions was considered in the pre-sentence investigation.
However, he withdrew that motion on Tuesday before Fandrich imposed the sentence.
Defense attorney Simon Moody said Neale tried to withdraw the plea because he is “just a kid,” and was scared by the “prospect of getting time in state prison.”
Neale's sentence makes him eligible to attend shock camp, a boot-camp style program, before being released under supervision. Before hearing his sentence, Neale apologized to Fandrich and Budelmann for “wasting (their) time.”
Leo McGrail Jr., 28, received six months in Cayuga County Jail and five years of probation for breaking into an apartment and taking audio equipment, compact discs, batteries and other objects. McGrail, formerly of 88 Clark St., will also pay $866.25 in restitution fees.
The sentence came directly after McGrail waived prosecution by indictment and pleaded guilty to the felony of third-degree burglary.
McGrail was hesitant to enter a guilty plea at a court date in September because he did not want to spend time in prison. At his prior appearance, McGrail asked Fandrich to promise a probation sentence, which Fandrich said he could not do.
Leanna Nervina was sentenced to four months of weekend work release and five years of probation for forgery and fraud charges.
Nervina, 33, of 6 Sherwood St., pleaded guilty Sept. 11 to charges of second-degree forgery, first-degree falsifying business records, first-degree offering a false instrument for filing and third-degree grand larceny.
Nervina will also have to pay $5,570.75 in restitution. She fraudulently received that amount in unemployment benefits from the state Department of Labor between 2004 and 2006, according to Budelmann.
She was originally arraigned on 88 counts.
Before Fandrich read his sentence, defense attorney Michael Bass said that Nervina will need to take on more time at work in order to pay off the amount. She will also need to spend time with her mother, who was recently diagnosed with a severe illness.
In an emotional statement, Nervina asked Fandrich to consider her circumstances when deciding on her punishment.
“I realize now the mistake that I have made,” she said.
While Fandrich said he was mindful of her situation, he warned that she will serve time in jail or prison if she violates her probation.
Toby Grant, 25, of 34 E. 6th St., Oswego, avoided incarceration for selling drugs. Grant was sentenced to five years probation for committing the felony of fifth-degree sale of a controlled substance.
Grant admitted in August to taking $280 from a police informant for crack cocaine on March 30, 2005.
Grant's attorney, Simon Moody, said that Grant is a classic candidate for probation, and is making genuine efforts to turn his life around through treatment.
Budelmann also agreed that Grant should be given the chance to “fly straight.” But he added that Grant will be subject to 2 1/2 years in prison if he violates his probation.
After announcing the sentence, Fandrich reinforced the fact that future violations would bring much greater consequences.
“I assure you that if you appear in this court again, you will go to prison,” Fandrich said.
Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net
Hewitt was also given one-to-three years for first-degree unlawful imprisonment, a felony, which will be served concurrently with the other sentence. He will have to pay $674 in restitution and fees.
Hewitt pleaded guilty in August to threatening a woman with two knives, forcing her to go into his boat against her will, and restricting her movements on May 19.
Hewitt's attorney, Douglas Bates, said that the defendant suffers from severe manic depression. While he said he was not trying to “minimize the seriousness” of the crimes, Bates said he was “utterly convinced” that the defendant's condition combined with alcohol and drug use contributed to Hewitt's actions.
Bates added that Hewitt was not on his prescribed regimen of medication at the time of the incident, but has now “re-established his equilibrium.”
Before reading the sentence, Judge Mark Fandrich said that it is clear Hewitt suffers from mental illness, but he also poses a “significant risk” to the victim. State prison time is appropriate, Fandrich said.
Fandrich also stated that he would recommend Hewitt for a state substance abuse treatment program.
Also in court:
Jeremy Neale, 25, was sentenced to two years in prison and one year of post-release supervision for a drug possession charge. Neale, who lives at 1 McConnell Ave. in Auburn, pleaded guilty Aug. 21 to third-degree criminal possession of a narcotic, according to Chief Assistant District Attorney Jon Budelmann, who prosecuted the case. He was arrested in April after police say he sold crack cocaine to a police informant.
Neale had made a motion to withdraw his plea on Oct. 2, saying at the time that he did not fully understand his plea and did not believe his lack of prior felony convictions was considered in the pre-sentence investigation.
However, he withdrew that motion on Tuesday before Fandrich imposed the sentence.
Defense attorney Simon Moody said Neale tried to withdraw the plea because he is “just a kid,” and was scared by the “prospect of getting time in state prison.”
Neale's sentence makes him eligible to attend shock camp, a boot-camp style program, before being released under supervision. Before hearing his sentence, Neale apologized to Fandrich and Budelmann for “wasting (their) time.”
Leo McGrail Jr., 28, received six months in Cayuga County Jail and five years of probation for breaking into an apartment and taking audio equipment, compact discs, batteries and other objects. McGrail, formerly of 88 Clark St., will also pay $866.25 in restitution fees.
The sentence came directly after McGrail waived prosecution by indictment and pleaded guilty to the felony of third-degree burglary.
McGrail was hesitant to enter a guilty plea at a court date in September because he did not want to spend time in prison. At his prior appearance, McGrail asked Fandrich to promise a probation sentence, which Fandrich said he could not do.
Leanna Nervina was sentenced to four months of weekend work release and five years of probation for forgery and fraud charges.
Nervina, 33, of 6 Sherwood St., pleaded guilty Sept. 11 to charges of second-degree forgery, first-degree falsifying business records, first-degree offering a false instrument for filing and third-degree grand larceny.
Nervina will also have to pay $5,570.75 in restitution. She fraudulently received that amount in unemployment benefits from the state Department of Labor between 2004 and 2006, according to Budelmann.
She was originally arraigned on 88 counts.
Before Fandrich read his sentence, defense attorney Michael Bass said that Nervina will need to take on more time at work in order to pay off the amount. She will also need to spend time with her mother, who was recently diagnosed with a severe illness.
In an emotional statement, Nervina asked Fandrich to consider her circumstances when deciding on her punishment.
“I realize now the mistake that I have made,” she said.
While Fandrich said he was mindful of her situation, he warned that she will serve time in jail or prison if she violates her probation.
Toby Grant, 25, of 34 E. 6th St., Oswego, avoided incarceration for selling drugs. Grant was sentenced to five years probation for committing the felony of fifth-degree sale of a controlled substance.
Grant admitted in August to taking $280 from a police informant for crack cocaine on March 30, 2005.
Grant's attorney, Simon Moody, said that Grant is a classic candidate for probation, and is making genuine efforts to turn his life around through treatment.
Budelmann also agreed that Grant should be given the chance to “fly straight.” But he added that Grant will be subject to 2 1/2 years in prison if he violates his probation.
After announcing the sentence, Fandrich reinforced the fact that future violations would bring much greater consequences.
“I assure you that if you appear in this court again, you will go to prison,” Fandrich said.
Staff writer Christopher Caskey can be reached at 253-5311 ext. 282 or christopher.caskey@lee.net
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