A Georgia convict who fled parole in his home state, fled from police when they tried to arrest him in Batavia, attempted to strangle a fellow inmate in the Genesee County Jail and was accused of conspiracy to commit murder will serve a maximum eight-year prison term, Judge Robert C. Noonan ruled today.
Derick Barker, 26, previously pled guilty to possession of a controlled substance and strangulation, and both convictions carried a maximum sentence of four years in prison.
Noonan ruled the sentences would be served consecutively.
Barker came to Batavia in May 2011 with his brother Justin, a Batavia resident.
The two men were found in a hotel room in June where drugs were present. When Derick learned he was about to be arrested, he fled across the Thruway, which led to a State Police helicopter search of the area.
While in jail on the charges, Derick was accused of plotting a murder-for-hire scheme with his brother.
Justin eventually entered a guilty plea on that charge, but as part of a plea bargain, the conspiracy charge against Derick was dropped.
Assistant District Attorney Will Zickl, in asking for a lengthy prison term for Derick, noted Barker's previous criminal record and his propensity for violence.
Attorney Thomas Burns said his client acknowledged his mistakes and that while a probation report noted some anger issues, he said Barker never displayed anger during their meetings, although the news Burns had to deliver was rarely good.
"I never encountered anything but complete kindness," Burns said. "He's been as polite as a client can be. Derick has many fine attributes and a nice personality when he wants to put it to work."
Burns said Barker -- who has spent a decade in and out of the legal system -- didn't have a stable childhood and missed out on educational opportunities.
When asked to speak, Barker said, "Mr. Burns said it better than I could say it. I apologize for taking up so much of the court's time for my mistakes. There's nothing I could say but I apologize."
Noonan said given Barker's record and the seriousness of the charges, he thought the maximum sentence was appropriate.
"The deal you negotiated is the best deal you're going to get," Noonan said.
