Auburn man going to prison over beating

By: Nate Robson / The Citizen

Thursday, December 11, 2008 11:51 AM EST

AUBURN - A local man was sentenced in Cayuga County Court Thursday to 2.5 years in prison for breaking another man's jaw during a fight on June 30, 2007.
Joshua Nervina, 21, of 23 Pulaski St., Auburn, admitted that he and a co-defendant, Stefan Lepak, 21, kicked and stomped on a 24-year-old man's head during an altercation on Spring Street at nearly 4 a.m. during a dispute about a woman.

Lepak pleaded guilty for his involvement in the crime and was sentenced to 1 year in the Cayuga County Jail on Sept. 27, 2007.

Nervina was also sentenced to 2.5 years of post release supervision and was ordered to pay nearly $48,000 in restitution for the the victim's medical bills.

Cayuga County District Attorney Jon Budelmann said Nervina has an extensive history that dates back to when he was 13 years old, including a 2006 conviction for violating the terms of his probation for a youthful offender sentence by not enrolling into a drug treatment program and acquiring a general equivalency degree.

Nervina was acquitted by a jury of first-degree manslaughter and first-degree assault in March 2006 for the stabbing death of Anthony Agee, who was killed in a fight with Nervina.

The Citizens' Say

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There are 13 comment(s)

bamx13 wrote on Dec 11, 2008 11:13 PM:

" I met Josh Nervina a little over a year ago, and even before I met him I was predisposed to thinking he was the world's biggest scumbag. I was wrong. After meeting him I came to find out that he was literally one of the sweetest men on the planet, and he had his own battles to face, but honestly he was one of the most coolheaded people I've ever met. I was, regretfully, EXTREMELY rude the first time that I met him and he never once held it against me. Yes, he has a criminal record, but I think its time we take into account the atmosphere he grew up in. Also, remember that this man has a family and a mother who loves him, and you people are so inconsiderate to all these facts. The justice system is so twisted that they take a man who was clearly troubled since childhood and lock him up instead of offering him the kind of rehabilitation and counseling that he clearly needs. And really, to force him to pay nearly thirty thousand dollars in retribution? Doesn't anyone understand that these sentences fall back on his family? Really now, its time for us to get a grip and realize that we aren't offering these so-called "criminals" the kind of help that they need, and moreover, deserve. "

keep it real wrote on Dec 11, 2008 11:12 PM:

" You don't even know him or about it and your all talking like you do. Come on give it a break. He isn't this horrible person everyone makes him out to be. "

keepingitreal2008 wrote on Dec 11, 2008 6:17 PM:

" FINALLY!!!! Rest in peace Ant "

halfcent wrote on Dec 11, 2008 6:10 PM:

" i only wish we could find out when he is leaving,as a friend of anthony i for one would be there bidding him a fond farewell.i am sure other people would love to see the look on his face just knowing what lies ahead for the next 2.5 years.no country club for him!!!! "

MIZZMOM wrote on Dec 11, 2008 5:56 PM:

" Its about time, yes indeed he should have gone to prison long ago...but the important thing is, he is going and I for one hope that he enjoys every second, he deserves that and so much more. They're rounding up the biggest Bubba doode they can find "

halfcent wrote on Dec 11, 2008 5:44 PM:

" now real justice will be served when he gets sent upstate.gee,i wonder if he is scared yet. "

wopinator wrote on Dec 11, 2008 5:02 PM:

" Finally, Justice for Josh. Was a long time coming! You think someone that got away with killing a person would behave.... but then again, there is OJ! "

sxyreggaegirl wrote on Dec 11, 2008 5:01 PM:

" I CANNOT beleive they keep slapping this KID on the hand! He should of been sent to prison long ago! PLease he kills someone, yet and still is out on the streets! I CANNOT understand how and why he is not going to prison for life! SOMEONE needs to fix this! "

brendap wrote on Dec 11, 2008 4:55 PM:

" oh my god its about time, he should of got 25 to life the murderer "

forrest wrote on Dec 11, 2008 4:50 PM:

" Come on now, Nervian is just misunderstood, and I sure he must of had some kind of bad childhood, or somthing is wrong in his head or his parents didn't show him love or somthing. With his crimial history he should have been locked up a long time ago, only in Cayuga County. "

halfcent wrote on Dec 11, 2008 3:23 PM:

" finally!!!!he should have been there in 06 but our court system is in need of some higher court intervention. "

babygirl13021 wrote on Dec 11, 2008 3:09 PM:

" "its about time" "

theboss wrote on Dec 11, 2008 2:30 PM:

" Dirt Bags "

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