Lionel J. Anderson Jr. got some bad news and some good news in Genesee County Court this morning. Judge Charles Zambito sentenced the 16-year-old to an indeterminate state prison sentence of one to three years. But the judge also vacated his felony conviction on attempted second-degree assault, a non-violent Class E felony, and granted him youthful offender status.
That means his record in this matter will be sealed.
The judge could have sentenced Lionel up to four years under the terms of a plea agreement in this case.
He has served 160 days so far; with good behavior, he could get out in a little over six months -- before the end of the year.
In making the decision, Zambito said it serves the interests of justice, protects the community, and gets Lionel some help.
The Oklahoma native will serve time for his role in an altercation on Highland Park, Batavia, on the evening of Nov. 28. His 13-year-old victim was slammed to the ground, face first, then struck in the face, twice; the injuries stemmed from contact with a "metal belt buckle and/or curb."
He has remained in custody since the incident; his bail was $25,000.
Since his last court appearance, in April, a pre-sentencing report was completed, and attorneys on both side as well as the judge had read it in preparation for today.
Before sentencing, Assistant District Attorney Kevin Finnell told the court even though Lionel is young, he has amassed "a pile of history" in the last few months.
"He is in desparate need of services; he continues to use drugs; he behaves inappropriately at school," Finnell said. "He is a threat to society. He is a violent aggressor."
Thus, Finnell said the defendant should not be considered eligible for youthful offender status.
"It is fortunate that the victim in this case was not more harmed" as a result of Lionel's actions, Finnell said.
Public defender Michael Locicero said Lionel is utterly lacking in family support. No mention was made of his mother or her whereabouts. His father is incarcerated and his grandfather moved out of the area. He has been moved around a lot throughout his young life.
"He has had a tough go of it," Locicero said.
As for the altercation, Locicero noted that there were several individuals involved and Lionel "has taken responsibility for his part."
Locicero then asked the judge to consider granting his client youthful offender status and to sentence him to local jail or intermittant incarceration (weekends).
He cautioned Zambito that it would be "a mistake not to consider other factors" in Lionel's life that have shaped and influenced him.
When asked if he had anything to say on his own behalf, Lionel said clearly "No, sir." He was quiet and composed throughout the proceeding.
Judge Zambito said the report by the probation department deemed the defendant to be at the greatest risk; he has nowhere to go, no home to go home to. He was on probation at the time of his criminal act and was not doing well -- well beforehand. He noted the youth's prior history involves violence.
But despite his run-in with authorities, including at school, law enforcement and Family Court, Zambito noted this was his first criminal conviction and that it stemmed from a verbal argument involving several people that escalated.
"He was not the primary aggressor," Zambito said about the incident, as documented in the probation department report. "He came to the aid of a friend. Whether this was a 'youthful indescretion' (as argued by the defense counsel) is debatable."
Wielding a belt, not inherently a weapon, was unusual, the judge said.
"You need to get some counseling," in order to figure out why you behave as you do, Zambito told the teen.
The defendant is not to possess guns. He has to pay $325 in fees/fines but does not have to submit to the DNA database because of his newly minted youthful offender status.
An order of protection is place for the victim until May 21, 2026.
