After a closed-door meeting with Public Defender Jerry Ader and District Attorney Larry Friedman, Judge Charles Zambito emerged from Chambers on Thursday announcing that 27-year-old Malik Ayala was accepted into a Judicial Diversion Program that could last seven months or more.
While in the seven-month program, he will also be under the supervision of the Probation Department. Since Ayala entered drug treatment programs in Niagara County and in Genesee County this past fall, he has kept out of trouble and has been clean of drugs and alcohol and has avoided sentencing.
Ayala has already accepted a plea deal and has pled guilty to a felony burglary charge.
He was picked up on Nov. 15, 2018, in connection with a string of burglaries in Genesee County after Investigator Chris Parker with the Sheriff’s Office identified a vehicle that was wanted in connection with the burglaries.
The vehicle was being operated by TeeSean T. Ayala, 20, Malik’s brother.
After the vehicle turned into a driveway at 317 Washington Ave., a .22-caliber semi-automatic pistol was thrown from the vehicle. The Sheriff’s Office says TeeSean Ayala was in possession of a stolen handgun that had a defaced serial number in the vehicle during the traffic stop.
TeeSean Ayala, 20, of Batavia, was sentenced in Genesee County Court to five years in prison and five years post-release supervision in the incident. TeeSean pled guilty to one count of criminal possession of a weapon, 2nd, which satisfies seven other residential burglary charges dating back to 2015.
Today, Malik Ayala told Judge Zambito that he was thankful to Horizon and the Court for allowing him to attend the treatment centers.
“I was a knucklehead," he said. "I was on drugs but now I am clean, living out of town and my mind is focused. I want to say I’m sorry to the community for my past.”
Judge Zambito warned Ayala that if he doesn’t toe the line he will go to prison.
“This is just the first step,” Zambito said. “I will be monitoring you in the diversion program and on probation, I can sentence you to seven years if you mess up.”
Malik Ayala was convicted on a burglary charge in 2010 after violating his probation. He served a state prison term after being sentenced to one to four years.
Friedman disagreed with the idea of the diversion program.
“Based on his history, he went to prison for burglary and graduated to residential burglary, I feel state prison is appropriate,” Friedman said.
Ader told the court that his client is eligible for the program and he has kept up with his treatments and there are no new crimes that have been committed.
“Mr. Ayala knows if he messes up he could face seven years in prison and I think that speaks volumes,” Ader said.
Temporary orders of protection were extended until Jan. 16, 2021.
Judge Zambito wished Ayala luck as he left the courtroom.
The sentencing was adjourned to Aug. 11 at 9 a.m., but the sentencing date could get pushed back again depending on what the diversion program advises at the end of seven months.
