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March 12, 2012 - 6:09pm

Burglar refuses to sign documents after being sentenced to nine years in prison

posted by Howard B. Owens in batavia, crime.

A man accused of taking part in a couple of Batavia burglaries in the early fall was apparently sorely disappointed in the nine-year sentence handed down by Judge Robert C. Noonan today.

Kurt H. Hawkins Jr., 18, who has no permanent address, uttered a mild profanity and refused to sign about a half-dozen orders of protection documents when Noonan had them presented to him.

Noonan warned Hawkins such behavior wouldn't look good on his record at any future parole hearing, but Hawkins slumped in his chair and still refused to sign.

A month ago, Hawkins admitted to burglary, 2nd, and assault, 2nd.

The assault charge stemmed from an attack on an inmate in the Genesee County Jail following his initial arrest.

Noonan noted just before pronouncing his sentence that while Hawkins had no prior criminal history, he had shown a propensity for violence and the attack in the jail was of particular concern.

Noonan also reminded Hawkins that he was lucky, maybe, to be alive.

"I recognize your history and the fact that fortunately nobody was hurt in (the burglaries), but it could have been you (who was hurt)," Noonan said. "A lot of people keep protection in their homes and they would have been perfectly justified under the law to use it. It could have been you dead on the floor of that bedroom."

A woman was reportedly home, alone, in her bedroom when Hawkins entered the house.

Hawkins and his attorney Jerry Ader blamed his conduct on abuse of drugs and alcohol.

"He could have quite a future ahead of him if he just applies himself and avoids drugs and alcohol," Ader said. "Obviously, a prison sentence will help him do that, but it's just a question of how long."

In court, Hawkin's only statement, other than his refusal to sign, was, "I feel bad for the woman when I ran into her."

Nathan Oaksford
Nathan Oaksford's picture
Last seen: 8 years 1 week ago
Joined: Jan 14 2011 - 12:36pm

Seems like an increasing number of burglaries are taking place lately. Judge Noonan is right. Plenty of people are starting to arm themselves. Its gunna be a bad day for one unlucky druggie soon.

jason reese
jason reese's picture
Last seen: 2 years 1 month ago
Joined: Dec 12 2008 - 11:39am

A suspect does not have to sign any document. They have a legal right to or not to sign any document.

Frank Bartholomew
Frank Bartholomew's picture
Last seen: 2 weeks 2 days ago
Joined: Apr 4 2010 - 8:02pm

He is no longer a suspect, he is a convicted felon. By not signing, he hurts his chances of early release by the parole board. Signing court papers is only an acknowledgement of their existance

John Roach
John Roach's picture
Last seen: 1 day 8 hours ago
Joined: May 29 2008 - 5:22am

The Parole Board will not care at all if he signed or not.

Nathan Oaksford
Nathan Oaksford's picture
Last seen: 8 years 1 week ago
Joined: Jan 14 2011 - 12:36pm

swearing in court and refusal to cooperate won't be the quickest way out of the slammer.

M. Gary Guiste
M. Gary  Guiste's picture
Last seen: 8 years 3 months ago
Joined: Feb 12 2011 - 9:10am

Isn't this the same judge who only grants pistol permits for "sportsman" and targets practice?

Debra Nanni
Debra Nanni's picture
Last seen: 9 months 1 week ago
Joined: Feb 4 2009 - 11:16am

So this kid gets 9 years for burglary, but the two guys who tried to hire someone to kill a person get 2 years???
In the same county... Both crimes are horrible, I agree. But it sure seems unbalanced. I guess if I ever wanted to try to get away with a crime, I know which one I would pick!!

Nathan Oaksford
Nathan Oaksford's picture
Last seen: 8 years 1 week ago
Joined: Jan 14 2011 - 12:36pm

He grants them for more purposes than that. Collecting and self defense. In order to use for purposes of conceal and carry for self defense is a lengthy process. Most people on the day to day don't need to be strapped to go to walmart. So that leaves hunters, target shooters, home defense, and collection. Also Employment options are available.

If they are in your home with intent to do harm, you are within your rights to protect yourself and family.

Kyle Couchman
Kyle Couchman's picture
Last seen: 4 years 4 months ago
Joined: Dec 25 2009 - 8:54am

Actually NYS has no "Mans home is his castle" Statuate... If your home is invaded your required to make every attempt to exit without confrontation. Lethal force can result in criminal charges, I know this due to having to be in court over a few tenant issues and watching other cases before ours. If they arent armed and you shoot them, then you have some legal problems. Student was charged and convicted w menacing after waking up to thief stealing his laptop and the student beat the thief with a metal crutch.

jeff saquella
jeff saquella's picture
Last seen: 1 year 2 weeks ago
Joined: Sep 30 2008 - 5:22pm

wow this guys looks sure changed from the last time this story was up

Nathan Oaksford
Nathan Oaksford's picture
Last seen: 8 years 1 week ago
Joined: Jan 14 2011 - 12:36pm

Well obviously shooting someone unarmed will face legal action. You can face legal action for looking at someone the wrong way now a days. I was just stating what was taught to us during the pistol permit class. Obviously if you can avoid the situation you can, but if they are in your domicile with intent to do harm, you can protect yourself. Go ahead and thumbs down me people. haha I am not suggesting you shoot someone just because they are in your home. If you think that then I got nothin for ya, you are ignorant. Criminals always have more rights than the innocent in todays society.

Nathan Oaksford
Nathan Oaksford's picture
Last seen: 8 years 1 week ago
Joined: Jan 14 2011 - 12:36pm

And Based on the charges of burglary and assault one could draw the connection between this being intent to do harm. People truly amaze me around here.

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