Sometimes good people do bad things, Judge Micheal Mohun told Bill Thomas before sentencing him to three years in state prison for menacing a police officer.
With the nearly 14 months already served in county jail, and time off for good time, Thomas should be back home with his family in a little over a year.
Family is a big part of the Thomas story, something Mohun noted during his sentencing remarks.
"You're a lucky fella," Mohun said. "Every time you've come to court, your family has been here. Your family has been very supportive. I see you are one of 10 kids, the second youngest. Your mother died in May while you were in jail. I'm sure that was very hard on you. It gives me great encouragement that your family is with you and has backed you throughout your court appearances and your trial and now they're here with you today. That is a real testament to the Thomas family.
Then he added, "you're also lucky to be alive."
On the morning of March 16, 2016, Officer Pete Flanigan responded to a home on State Street to investigate a report of a disturbance. Bill's brother Rand answered the door and Flanigan saw Thomas, he testified at trial, with a knife in his hand. He said Thomas came at him with the knife and he thought he would have to shoot Thomas, but Rand, in trying to flee the residence, got in between the officer and his brother.
At a trial last month, Thomas was convicted of criminal possession of a weapon and menacing a police officer.
The mandatory minimum sentence for menacing a police officer is two years in prison, with a maximum of eight.
Mohun also sentenced Thomas to one to three years on the weapons conviction, to run concurrently to the menacing charge. Thomas will also have a year and a half parole to serve when he's released.
Thomas has a prior criminal record, but nothing in the past 20 years and never had a prior arrest for any kind of violence.
He had been living with his mother, caring for her, prior to his arrest.
While Thomas, 57, was represented at the jury trial by the Public Defender's Office, retained counsel Maurice Verillo appeared for the defendant today. He argued for a minimum amount of time in prison and asked that his client's time in prison be at a facility close to Batavia so his family could easily visit him.
Mohun said he has no control over where the Department of Corrections sends Thomas, but he did attach the request to his file, so it is with him when he is processed, and all of the letters of support from friends and family the court received.
District Attorney Lawrence Friedman, who usually has something to say when asked what his sentencing recommendations are by a judge, made no statement in court today.
About a dozen members of his family were in court. After Mohun adjourned the case, they all stood. Deputies allowed Thomas to turn and say goodbye to his family. Family members told him they supported him and loved him.
The policy of the NYSDOC is
The policy of the NYSDOC is to send you AS FAR FROM HOME AS POSSIBLE.
This is done for a few reasons.
1) To take you far away from anyone that would help you escape.
2) To force your family to travel long distances to see you, thus generating revenue for NYS.
Tolls, hotel surcharges, taxes on the gas they use.
3) To take you as far as possible from any possible thing that could comfort you or make your incarceration easier. To teach you a lesson.
The general policy in place is the following.
Anyone from downstate, they send to a prison in upstate. Anyone from upstate, then send to a facility downstate.
I know a few less fortunate souls that were convicted here in western NY, and were sent to facilities in the catskill mountains, as far from home as you can get and still be in NY.
Many of my friends and family are guards at Wyoming and Attica and they tell me that the prison is full of prisoners from the NYC and downstate area.
Christopher, most of what you
Christopher, most of what you wrote is not true.
There is no policy to force families to travel far or to take the inmate far from home. Total falsehood.
However, it is true most inmates at Attica, Orleans, Albion (female) and Wyoming are from Downstate. The reason is that most prison inmates are from the NYC, downstate area. Why, most people in the State of New York are from that area. The other reason is that there are not enough prison cell spaces in the downstate area for them. Why? The cost. It is cheaper to build prisons upstate and upstate Counties fight to have them for the jobs they bring.
The waiting list for a transfer to Sing Sing or Green Haven facilities downstate is years. On the other end of the State, the wait to be transferred to Wende in Alden, NY for inmates from Buffalo is about 5 years.
By the way, when first sentenced to prison, all inmates go downstate for reception
Another example of a very sad
Another example of a very sad family in Batavia. If you've lived in Batavia for 60 odd years as I have, you remember the family names that are always in the news. The patriarch of the Thomas family, William (Bill) was the long time Service Manager at George Smith Chrysler Plymouth on Center St in Batavia. Prince of a man, would give you the shirt off his back, I had a tremendous amount of respect for him both as a person and for his encyclopedic knowledge of Chrysler iron. His kids didn't work out so well. Son Kirk, blew away his ex-girlfriend, Sharon Franz, of Darien in July of 1973 (Google Kirk Thomas Batavia NY). The rest of them, primarily the boys, have at one time or another, become acquainted with the local constabulary for petty crimes and assaults. It's a shame, really, hard working salt of the earth people who's kids didn't do them justice
I think that comment is
I think that comment is unfair.
Every family, from some of this nation's most elite names, have so-called black sheep, or people who have had times of personal struggle. That's the nature of human life.
I don't know the Thomases well (barely, really), but I've heard many good things about members of the family, including those members who are in law enforcement.
I think you would be hard pressed to find a large family in Batavia who hasn't had some members whose names have shown up in arrest reports.
As Judge Mohun pointed out, we should all be so lucky to be part of a family who care for each other as much as this family.
Well said, Howard. I agree
Well said, Howard. I agree 100 percent.