Joel Zsebehazy, 33, an Iraq War veteran from Niagara Falls, was sentenced to three to six years in prison by Judge Charles Zambito in County Court this morning.
Attorney Lisa Kroemer, from the Public Defender's Office, requested a two-to-four-year prison term for her client after noting that Zsebehazy was on parole at the time of the robbery, so he now owes the state prison time before he can start serving a sentence on the Key Bank robbery.
"Given that fact, he's going to be serving a lot of time anyway," Kroemer said.
Zsebehazy apologized for his actions.
"I realize there is no excuse to justify what I did," Zsebehazy said. "I know what I did was wrong. I knew when I went into the situation it was wrong. I know it negatively impacted more people than just myself."
He then apologized to the teller and the court for his crime.
After the robbery, Zsebehazy fled the state. He was eventually located in Lousiana and brought back to Batavia on the bank robbery charge. During his travels, Zsebehazy said, he started attending AA meetings and going to church and felt like he was getting his life back on track.
"I've been making progress in my life," Zsebehazy said. "I know that in no way excuses myself and I stand here ready to make amends in any way I can."
Zambito said he wasn't moved by either the fact that Zsebehazy will spend an even longer time in prison because he was on parole at the time of the robbery or that he was getting his life together. The fact is, Zambito said, he robbed a bank and had to be chased down in order to be brought to justice.
"To say that this has been an opportunity to start a new life by robbing a bank is something I find incredible," Zambito said.
Zambito said Zsebehazy had already received a substantial break on potential prison time when he was offered a plea deal that capped his sentence at three to six years. To cut it any further wouldn't fit the crime, he said.
Zsebehazy was ordered to start making payments toward restitution while he's incarcerated. Kroemer tried to convince Zambito to delay restitution payments until Zsebehazy is out of prison because Zsebehazy will receive such a minimal allowance for toiletries, writing paper, and other personal items while in prison that any restitution payment would make it difficult for him to obtain necessities.
She suggested that lack of money for these items is why some prisoners turn to "less than legal activity" in prison.
District Attorney Lawerence Friedman said Zsebehazy should start paying restitution immediately and that prison officials have a formula to take only a portion of a prisoner's money for restitution payments so they still can buy necessities from the prison store.
Zambito agreed.
Photo: file photo
