Third assailant in attack that cost a man his eye sentenced to seven years in prison

The third member of a trio of men who brutally assaulted a Batavia resident and caused him to lose an eye will spend seven years in prison, Judge Robert C. Noonan ruled this afternoon.

The attorney for Timothy Andrews, 21, of 144 Bank St., Batavia, argued that Andrews didn't enter the apartment with his brother and Christopher Preedom but Noonan said he didn't believe the assertion.

"If you wanted to refute the allegation that you went into the apartment, you should have gone to trial," Noonan said.

Earlier, District Attorney Lawrence Friedman said that both the victim's statement and the statement of a witness indicated all three men, including Timothy Andrews, entered the apartment.

"This defendent and his brother beat (the victim) on the front and back of his head with coffee mugs and the victim said he suffered skull decompressions as a result," Friedman said.

As Friedman spoke, Andrews looked back at the 20 or so family members and friends gathered in the courtroom and shook his head, "no."

When Noonan pronounced sentence, several women in the group burst into tears and several people were crying as they filed out of the courtroom after the sentencing.

Andrews told Noonan that whatever sentence Noonan imposed, he would use the time to learn and be a better person, the kind of person he thought he would become when he was little.

"I'm going to learn better skills and get an education," Andrews said. "Whatever I get today is something I'm going to have to accept and move on with my life."

On Dec. 19, Andrews entered a guilty plea to attempted burglary, 2nd, for his part in the attack of a resident of Woodstock Gardens Apartments.

Andrews reportedly said in a probation report that he only went along to protect his brother, 19-year-old Kevin Andrews, because he thought there would be trouble. He reportedly said he knew Christopher Preedom,18, of 21 Holland Ave., Batavia, the lead assailant, was really mad at the victim.

Preedom received a 12-year prison term and Kevin will spend seven years in prison.