Home invasion nets 16 years for Auburn man

By Nate Robson / The Citizen

Friday, October 30, 2009 11:42 PM EDT

AUBURN - A 52-year-old Auburn man who shot into an occupied city house before breaking down the door and pistol-whipping a resident was sentenced in Cayuga County Court Friday to 16 years in prison.
John Small Jr. III, of 13 Wallace Ave., faced up to 25 years in prison after he was convicted of six felonies by visiting Wayne County Judge Stephen Sirkin during an Oct. 1 bench trial on charges of breaking into the house and attacking the occupants.

Small, who has a documented history of bipolar disorder, schizophrenia and depression, had been exploring a temporary insanity defense, but was found to be mentally competent last spring.

Cayuga County Chief Assistant District

Attorney Christopher Valdina requested that Small receive at least 20 years in prison given the dangerous nature of the incident.

“Obviously when he's on his medication, it's no longer working,” Valdina said. “I think society needs to be protected from him for a long time.”

Small's attorney, Douglas Bates, asked that the sentence not exceed 10 years in prison given that his client never spent more than eight months in jail for any of his eight previous misdemeanor convictions, which include assaulting an Ohio police officer.

Small was sentenced to 16 years in prison with five years of post-release supervision for three counts of first-degree burglary in addition to five years in prison with five years of post-release supervision for one count of second-degree burglary and two counts of second-degree criminal possession of a weapon.

Sirkin ordered all counts to run concurrently.

Small could have received a seven-year prison sentence if he opted to accept a plea deal offered to him prior to trial.

Also in court:

* A 56-year-old Union Springs man was sentenced to two to four years in prison for possession a weapon during a dispute with two Aarons Sale & Lease Ownership employees who were attempting to repossess property for which he stopped paying.

Joseph Cohens, of 8 Homer St., was convicted of third-degree felony criminal possession of a weapon during a bench trial on Sept. 8 for possessing a small kitchen knife during the argument, which occurred at his home.

* Brandon Giambalvo, 29, of 11247 Myers Road, Cato, was sentenced to two years in prison and five years of post-release supervision for the third-degree felony statutory rape of a 15-year-old girl.

* Greda White, 24, of 19 Cross St., Auburn, was sentenced to five years of probation and 60 days of weekends in jail for the third-degree felony criminal sale of a controlled substance.

* Roosevelt Coleman, 33, of 6 Brookfield Place, Auburn, was sentenced to six months in jail and five years of probation for first-degree criminal contempt, a felony.

Staff writer Nate Robson can be reached at 253-5311 ext. 248 or nathan.robson@lee.net

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There are 1 comment(s)

Ursela&David1017 wrote on Nov 25, 2009 8:57 AM:

" I always believed the truth shall set you free. That may be the reason I feel compelled to post this, if only to free my tongue. Brandon was sentenced to an excessive term in Prison while similar cases walked off with weekends in County Jail. The charges brought against Brandon came years later out of spite, jealousy, and envy. An easy task with the aide of parents who feel wronged, yet somehow feel comfortable allowing this same “child” to consume alcohol and participate in a few other indiscretions I’ll leave unnamed. These same parents manage to sleep at night, knowing they picked ONE man. The other is apparently immune to the law. Where are his charges?! Brandon now pays a hefty price for a mistake in judgment. A mistake in thinking a promiscuous female, feigning maturity, could handle an adult situation. Brandon still has an extensive support network of loving family and friends. We miss him terribly. It’s hard living each day, just waiting for him to come home. It’s not hard knowing he only has one sentence to serve after this…a lifetime of love and happiness beside his one and only true love. I’m always with you Brandon. "

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