A Batavia man who swung a knife at a sergeant from the Sheriff's Office during a two-hour standoff in July will spend two- to six-years in State Prison.
Jody B. Gillette, 50, of 8 Pine Hollow Drive, who has been arrested several times over the years, including two recent allegations of DWI, admitted to Judge Robert C. Noonan that his biggest problem is alcohol.
"I'm a person who drinks and can't shut it down," said Gillette. "It's obvious. And I have anger issues. I should have gone to anger-management classes a long time ago."
Neighbors and friends of Gillette's sent letters to Noonan prior to Tuesday's sentencing urging a non-prison sentence, telling Noonan that Gillette is a very nice person when he's not drinking.
Sgt. Thomas Sanfratello made a victim statement and said Gillette was alternately calm and dangerously angry during the two-hour standoff in the trailer park July 26. He said eventually officers were able to deploy a Taser, which slowed Gillette down, but Gillette almost got back on his feet before he was apprehended.
"He's been on a downward spiral and somebody who is a danger to himself or others when he is drinking," Sanfratello said. "He is a threat to society and deserves incarceration for the maxium period of time."
Gillette said he first got into trouble in 1975 when he was consuming marijuana and alcohol. He was arrested for buglary and put on probation, which he soon violated.
"I was young and rebellious," Gillette said.
Eventually, Gillette went to college, completed parole, and after his second DWI arrest realized he couldn't even have one drink of booze. He said he was clean and sober for more than a decade.
Then he was laid off, lost his house, lost his long-time girlfriend and became angry and depressed, he said.
Assistant District Attorney Melissa Cianfrini said to this day his mobile home roommates don't know why Gillette became angry that day, but Gillette accused both of them of not paying rent and one of them of eating his dinner that evening.
At one point turning the standoff, Gillette waved a sword and assumed a samurai stance, threatening Deputy Chad Minuto.
Public Defender Gary Horton said that Gillette has shown that he can stay sober for a lengthy period of time and should be given a chance at rehab.
Noonan said if Gillette was accused of purely an alcohol-related offense, such as DWI, he might take into consideration his periods of sobriety, but given the seriousness of the events in July, a term in prison was appropriate.
"This very easily could have ended up in a terrible tragedy," Noonan said.
Gillette still has two pending DWI charges, including one stemming from a rollover accident in February 2011.
Jody was my first boyfriend.
Jody was my first boyfriend. He was the sweetest person in the world. Then there was the drinking. Back then we all did it, but Joe could not tolerate the alcohol. He beat me severely when he was drunk. I finally left him before he killed me. I know he had a screw lose while under the influence, but if he could stay away from the alcohol, I don't think he would hurt a fly.
Unfortunately drugs and
Unfortunately drugs and alcohol Michele, are the root of many ruined lives. I am not saying having a drink noiw and then, but some people just can not stop when they should.
Jody might be the nicest guy in the world when sober, but what he did has to be accounted for drunk or not. Excesses of alcohol and drugs do not only hurt the person, but everyone beyond them usually beginning in the home, then ending in confrontation with the law or much worse.
That fact is that when Jody swung that knife, he was very lucky he didn't get shot
This is a perfect example of
This is a perfect example of why we need a treatment system in place instead of an arrest/incarceration. I'll keep expressing my support for the approach that Portugal utilized and its success. The war on drugs is a failure. Treatment is a much more humane, sane and successful program.
http://www.forbes.com/sites/erikkain/2011/07/05/ten-years-after-decrimi…
Just how is this a "PERFECT
Just how is this a "PERFECT EXAMPLE"
1) Alcohol which was at the root of this problem is legal
2) There are several alcohol rehab choices around ranging from AA to Alcohol Rehab Programs Lie we have right here in Batavia in the old St, jerm's Hospital buildng, not to mention Gcasa and so on.
There is some merit t your positon abou drug legalization and treament plans that you advocate, but this is by no means a perfect example Doug.
Jody did the AA/Rehab thing, fell off the wagon, endangered himself and others around him. Nice guy or not, problem drinker or not, this is more of an example of good police work in that Jody and others around him are still alive, and a good example of justice in that a repeat offender is being held responsible for a dangerous act.
This is a PERFECT example about how we have take personal responsibilty for our actions.
I do not understand how he
I do not understand how he could get 2 dwi's and not be in jail.Plus he stabbed my friend with a knife 7 times before that.Just missed vital organs,My friend has permanent scars And nothing happened about that one.He has assaulted me for no reason in the past.I hope when he gets out he quits drinking.I have done many stupid things in the past too.And it will never go away.If it were me id be doing real serious time.I remember in the past i was assaulted and nearly choked to death by a man at my residence on Ellsworth in 1996.I used a weapon to protect myself.I told the truth to police.I was sober.I was told because i was on my porch outside with my back to the door it was a felony.The man who attacked me was in prison for assaulting and seriously injuring someone else when i was given a year.After i was sentenced the judge asked the DA how could i get such a lenient sentence for such heinous crime?The DA said because i most likely would be found innocent by a jury for self defense.My " public" defender kept telling me i could 7 to 15 years in the beginning.I will never ever forget the last time i was arrested.It was 2006 my boys and i were camping.We went to charge my camera batteries and get supplies at Aldis.I just came out of Aldis and an officer showed me a court order that said in dark print ANY.It was an order of protection.But it was amended.Because i had no choice but to have contact with my kids mom.I had emailed her about visits.That is what the new court order said.Only to do with court ordered visitation.Well i tried to explain it to the police.They didn't care that they were falsely arresting me.They told me to throw my money that was in my hand a 10 dollar bill on the ground.I said cant give it to my boys who were there.I went to hand it to daniel and was immediately and viciously slammed to my knees.Then the officers grabbed me by the back of my head and were going to smash my face into the pavement but Daniel stood in front of them.I told the officer i have the new court order at home.They would not listen or did not care.I was arraigned sent to jail with a 2000$ bail.I could not beleive it.I kept thinking about my boys.Do i still have custody?It was traumatic.I spent 3 days in jail.Of course i was charged with resisting arrest.I went to court for about a year.I was fined.I could not afford to pay so the city of Batavia put a lien on me.So now i have bad credit too.How can this happen?And some people get away with really bad things.Our justice system is failing.And costing loads of money to taxpayers.
Mark, do you hold a degree in
Mark, do you hold a degree in substance abuse? When enough alcohol is consumed, you lose the frontal lobes ability to determine right from wrong.
The key to treatment is the willingness of the alcoholic, or drug addict, to admit they have a problem and to want help.
I wish there was a one size fits all type of treatment, but that is not the case with substance abuse. In this case I sense some mental issues as well,
I agree that this could have been a real tragedy for Joe, good job by the police to use patience and restraint to bring the situation under control
In my opinion, alcohol is the most dangerous drug out there, and Senator Schumer is consumed with getting spice banned because of some side effects it has on some of its users.
Apparently Chuck hasn't done much research on what alcohol does to teens, coma, alcohol poisoning, suicide, traffic fatalities, etc. etc.. I just don't understand how the govt. picks and chooses which drugs we can or can't use. I would be willing to bet more ER visits are generated from alcohol than any other single drug used by teens.
Dan, the police don't care
Dan, the police don't care about anything other than making an arrest, and once under their radar, you never get out. I was charged with DWI, and jailed on $5000 bail, It was not a felony DWI either. The good news is that it got me into treatment, which led me to realize how big of a problem I had.
You're absolutely right, the system is broken, and they don't care how much money they waste to prosecute frivolous cases. When you don't have the resources to hire an attorney, you are screwed, the public defenders in NY State are outmatched in funding by the DA.s office, and caseload, it is way out of balance.
The alcoholic beverage
The alcoholic beverage industry provided tax revenue, state and local, over $40 billion in 2008. Between 2005 and 2010, American alcohol wholesalers spent $82 million on contributions to federal and state political campaigns and federal lobbying efforts.
http://www.prnewswire.com/news-releases/big-alcohol-drunk-with-power-13…
Frank, I am not sure why you
Frank, I am not sure why you are arguing with me, we a agree on alcohol being one of the most dangerous drugs, and as far as "Get me in front of the camera Chuck" goes I think we totally agree about that bozo.
My point was directed toward the statement that this was a perfect example as to why drugs should be legalized. I stand by my statement to that effect
As I often ask myself when
As I often ask myself when you post your limks CM, What exactly is your point?
Every industry pays taxes, contributes to state, local and federal campaigns, and every industry spends a ton of cash lobbying.
Please explain how that applys to this circumstance
Mark, something occasionally
Mark, something occasionally missed, my posts do not always impart an argument or personal point. Sometimes I merely post related news stories or documentation. I have a great deal of respect for the intelligence of my peers. I expect they can make up their own mind without any rhetorical investment on my part. My background is in journalism. I was trained to cull my opinions from what I write. It should be apparent when I am arguing a point or remaining neutral, but I shall work on making the two more distinguishable.
One subject you may want to investigate, the current battle between liquor wholesale distributors and the wine and beer industry. Many states have laws to benefit small local wineries and brewers, protecting them from being crowded out by national brands. The two sides are competing to gain political influence. As might be expected, the big guys are winning. There is an article http://www.specialtywineretailers.org/documents/WholesaleProtection-200… that could lay to waste any assumptions that money doesn't buy votes. I also suggest you research the same wholesale liquor distributors influence on Prop 26.
I leave it to you to draw your own conclusions.
Mark, agreed, there is no
Mark, agreed, there is no such perfect example on either side of the fence, I just don't see how having some drugs legal and others not makes any sense. Marijuana will stay illegal simply because the pharma industry does not want competition. With all of their bought and paid for politicians, the law will most likely never change.
CM, I guess this happens in
CM, I guess this happens in all states, money talks. Like any industry, alcohol pays its way to get its way.