A 17-year-old Basom resident has lost his sentencing cap on his conviction of making a terrorist threat and reckless endangerment after allegedly testing positive for marijuana while out of jail awaiting sentencing.
Judge Charles Zambito told Isaac Abrams that he violated the terms of his release, which could mean his sentence on the two counts could run consecutively instead of concurrently. He faces up to seven years in prison on each count.
Abrams nor his attorney disputed the positive test.
Attorney Vanessa Guite characterized the marijuana use as a one-off incident.
"Someone handed him what they said was a 'black and mild' and he took a puff," she said. "He didn't understand what it was but he realizes he needs to change his behavior."
The toxicology came back "mild positive," which indicates Guite said, that Abrams is not a habitual user.
First Assistant District Attorney Melissa Cianfrini confirmed with Zambito that Abrams had lost his sentencing cap.
"I don't know if you can get a mild positive test from one puff on a blunt but he has violated the terms of his release under supervision," Cianfrini said.
A month ago, Abrams admitted to threatening to shoot troopers and deputies during an incident on the Tonawanda Indian Reservation on Sept. 30, and of trying to seriously hurt or kill a person with a motor vehicle in the City of Batavia on Aug. 28.
He pled guilty to making a terrorist threat, a Class D felony, and reckless endangerment in the first degree, also a Class D felony.
While out of jail awaiting his sentencing, Abrams is on a curfew and can't leave his house between 7 p.m. and 7 a.m.
Zambito didn't order him back to jail today but warned him not to violate the terms of his release again.
"If there is any violation, there will be no notice to appear," Zambito said. "I will issue an order for your arrest and hold you until your sentencing."
Sentencing is scheduled for Feb. 9.
