If Sean A. Semprie Jr., had just stuck around the Genesee County Courthouse one morning back in May he wouldn't be heading to state prison today.
Judge Charles Zambito was ready to cut Semprie a deal back then that would have meant some jail time followed by five years probation on drug peddling charges. But while Zambito conferred with Semprie's attorney, the 25-year-old told a court official he had to go out to his car. He never came back.
His attorney, Public Defender Jerry Ader told Zambito it should count in Semprie's favor that he never left Genesee County, even with a warrant pending, that he knew eventually he would be caught, and that while it was a poor decision, he wanted to get a job and take care of his family, which he did, Ader said.
Assistant District Attorney Kevin Finnell said the "take care of his family" excuse rang a little hollow.
"The defendant had an opportunity here," Finnell said, adding later, "the fact that he's managed to stay away from being re-arrested is not an indication of his ability to behave lawfully. He says he had a job but there's no indication of what he's been doing (since May).
"Going back to 2008, there's been a bench warrant issued for him, he's had his probation revoked, that was in Monroe County on a burglary charge, and there was a warrant for his return here in 2017 (when Semprie was extricated from Maine on his drug dealing indictment)."
Given that history, and with a maximum available sentence, Finnell said, "He's done nothing to earn less than the maximum."
Semprie spoke politely but said he disagreed with the district attorney. He said he was sorry for the trouble he caused the court, but "everything he says about me was 10 years ago. I was a different person. Now I'm a man. I have a child. I did make poor choices. I mean, I'm sorry for what I did but I don't think I deserve five years."
Zambito said he didn't have a lot of confidence that Semprie is a man who abides by the rules.
"This is not the way to take care of your baby," Zambito said. "I guess the disturbing part is that you were here and after I tried to talk with your attorney, you left. Well, I guess that was a mistake on my part but what you did was a bigger mistake on your part."
Perhaps a three and a half year jail term followed by two years of parole will teach Semprie a lesson, Zambito said, adding, "I don't know."
Semprie still faces a bail jumping charge in Batavia City Court.
