Participant in Central Avenue attack given four years in prison
Daniel J. Gilbert, 25, of Tracy Avenue in Batavia, was sentenced Wednesday afternoon to four years in prison and five years parole for his part in an attack on residents of Central Avenue.
In the beginning of May, Gilbert was supposed to be sentenced on a guilty plea, but after a disagreement between the attorneys on the case, the matter was postponed.
Gilbert was part of the attack that occurred around 11 p.m. on Oct. 28 in an apartment on Central Avenue in Batavia, that involved several people, resulting in at least two people being treated and released at the hospital.
District Attorney Lawrence Friedman said in court, that they were adjusting the prior agreement made on Feb. 8.
“We have an agreement to clarify or modify our prior agreement,” Friedman said. “That is that the defendant’s plea to attempted burglary in the second degree, a Class D felony, will stand.”
Friedman said they also agreed to an imposed sentence of four years, with five years of post-release supervision.
He was charged with the crime of first-degree burglary, a Class B felony. Gilbert was accused of knowingly entering an upper apartment on Central Avenue in Batavia, with the intent to commit a crime, and when entering or fleeing from the dwelling, he or other participants caused physical injury to a person.
In count two, Gilbert was accused of second-degree assault, a Class D violent felony. Gilbert caused physical injury to a person.
Its not an alleged attack. He admitted it happened by pleading guilty.