A former corrections officer admitted in Genesee County Court this afternoon that he filed false workers compensation claims and stole thousands of dollars from the state.
James S. Gibbs, 34, faced a 24-count indictment, but reached a plea agreement to admit to one count of grand larceny and one count of filing false instruments.
As part of the plea, Gibbs will be required to pay back to the state $40,000, with a $20,000 payment due before he is sentenced.
The maximum sentence under the plea agreement is four months of intermittent incarceration and five years probation and a $5,000 fine.
Gibbs was also required to resign from New York State Corrections.
Gibbs was arrested in October for receiving disability benefits while operating a company plowing snow and sealing driveways.
4 months INTERMITTENT
4 months INTERMITTENT incarceration? For stealing $40,000 from taxpayers?
I've seen people get more time for stealing a carton of cigarettes. 4 YEARS would be more appropriate. The ada and judge should be ashamed.
I hear you Bob, but think
I hear you Bob, but think about it, make him work and pay the money back. I didn't see anything about interest and penalties like they charge if you're late with your taxes though.
Dave, Could the 'interest
Dave,
Could the 'interest and penalties" be the $5k fine?
My son misbehaved in school,
My son misbehaved in school, and committed no crime, and they offered us 3 years probation, what a farse our legal system has turned into.
Frank, 3 years probation
Frank,
3 years probation because he "misbehaved"? What was he alleged to have done?
John, I'd call the $5,000.00
John, I'd call the $5,000.00 fine, just that, a fine. Interest is for the loss of use of the money, and the penalty is just 'cause I'm a prick.
Dave, OK with me.
Dave,
OK with me.
He has ADHD,and instead of
He has ADHD,and instead of recognizing this many years ago when diagnosed by his doctor, the school used discipline and punishment, and now the courts. His only crime is being handicapped.
Frank, I asked what was it
Frank,
I asked what was it he was alleged to have done to be put on probation? And, why did the court reject ADHD as a defense?
i went to school with high
i went to school with high school with Jim. we weren't great friends, but he was a good person. i havent talked to him in several years. this story is sad. not sure if he was/is disabled, cause he sure can seal a driveway in summer and clean it in winter pretty damn good eh...
What about his wife? I know
What about his wife? I know for a fact she was involved in this. What are her charges?
JoAnne, How do you know she
JoAnne,
How do you know she was involved? Only one person signs the paper work for the disability payments, not two.
John, Our family court judge
John,
Our family court judge claims ADHD is no excuse for behavior problems. Some of my sons alleged "crimes would include,having inappropriate material on his cell phone, which has nothing to do with sex, and who gave tyhe school permission to go through his phone. He was also accused of a physical altercation on the bus causing another student to hit his head on the bus wall, what actually happened was the other student began punching my son while the bus aide stood there and did nothing to stop him, so in self defense, my son pushed him away.There is video to back up my side of the story. There are many questionable incidents, which I believe were a direct result of my telling the former middle school asst.principle he was incompetant, this after he called my home and alleged my son was involved in a sexual assault on the bus.After review of the video, it was certain, no such assault took place. The school district also alleged illegal absents and illegally tardy, but never informed me until I saw these allegations on a court document , and oh by the way, all the "illegal truancies" are legal, as I wrote excuses, and phoned the school each and every time my son was late or absent. This is only the tip of the iceberg.
Frank, Thanks for clearing
Frank,
Thanks for clearing that up.
If you have a video to back up the assault incident, you might have a court case against the aide for not taking appropriate action. You might also have a case on the absences. I wish you luck.
Yes, JoAnne, how exactly do
Yes, JoAnne, how exactly do you "know for a fact?"
My youngest son was never
My youngest son was never diagnosed with ADHD, but he was never tested, either. He was ushered from grade-to-grade throughout school until he quit as a sophomore while enrolled in continuation school.
As the teachers predicted, without a diploma or a plan, he was likely to wind up in the state penitentiary.
His math teacher stressed: "Guy like you, with no skills, no education, no plans -- they wind up in prison. Period. I've seen it happen a lot. Get your act together."
Of course, he didn't. He spent a year in county jail, then a year and a half at least in state medium-security prison.
Now he's out, at the dear end of a three-year probation, and the father of a beautiful big baby boy who is named after his dad.
I am visiting in August. I pray for the best.
b.
That is really heartbreaking
That is really heartbreaking Billie. Best of luck to you and your family. I have a different story. My daughter was diagnosed at a young age with ADHD and put on medication. She had awesome teachers and an IEP (Individual Education Plan) at Batavia and did very well in school. She graduated last year and just finished her first year at Buffalo State. She rarely needs her medicine anymore but does still take it if she has an important test. She learned to channel all of her energy into her artwork and is a very talented artist. I am really proud of her. I tried several times throughout the years to take her off of her medicine, mainly due to pressure from other people but it wasn't fair to her. She was in a gifted program in her school and they told me that without her medication, she wouldn't be able to stay in the program because she couldn't even sit in her seat. I had to learn to shut out everyone who thought they knew better than her parents or her doctors and allow her to be successful. She is also the best video game player I have ever seen. Her hand eye coordination is just scary!
Beth I agree, medication for
Beth
I agree, medication for ADHD can make a world of difference. Unfortunately, my child could not tolerate the side effects of all the ADHD meds we tried. You were fortunate the school took notice and set up a plan. In my childs case,it was ignored and discipline and punishment were the only action the school ever took. Now, more than 5 years after the ADHD diagnosis, the school has filed a PINS on my son. I have had to fight them for the last year, and now have been petitioned to family court by the school district. The family court judge doesn't believe ADHD is an excuse for problem behavior. You're probably thinking,thank God my child was in Batavia, well guess what, so was mine.
I'm assuming they tried
I'm assuming they tried several different meds? Adderall was terrible for my daughter and the ups and downs of 3 doses of Ritalin all day wasn't ideal either. Concerta, which is a time released Ritalin did wonders and even then we had to adjust the dose several times to get it just right. They have some new ones out now that aren't stimulants. I really hope they find what works best for your son. I know it is heartbreaking to watch.
You're right - my daughter and I were very lucky. I made sure the school knew of her diagnosis but they are the ones that initiated the IEP and they are the ones that came up with everything on it. I had no clue what an IEP even was so I didn't know what to expect the first time they invited me to meet with them about it. Thank God for the awesome teachers, the school psychologist and school counselors who helped to develop a plan for her. I wish you and your son luck and lots of prayers.
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Beth, Thanks for your words
Beth,
Thanks for your words of encouragement.We had our day in court today, and I have never witnessed such a disgrace in all my life.The county attorney offered 1 year of probation, which we initially rejected,and asked for a trial. At this point the county attorney asked that my son be held in a detention center until a trial date. This could have taken until mid July. The judge agreed with this request, so reluctantly, we accepted the offer.
The judge then carefully worded this acceptance to show there was no coercion in accepting the offer.I can't believe this is a legal tactic, but the public defender led me to believe it was. So basically, for us to have gotten a fair trial, my son would have to be held in a detention center, somehow this just doesn't seem right to me. Unfortunately I had to have the public defender represent my son, as I have been out of work for 20 months and just could not afford to pay for good legal counsel.My son has committed no criminal offense, he was bad in school, and the school never bothered to find out why,even though they were aware of his ADHD. My son endured being picked on by students and staff about being overweight, I complained, he complained, but nothing was ever done.My son was falsly accussed of a sexual assault on the bus, and if it weren't for video,he
would probably already be in a detention center.The district finally screwed my kid, when in fact, their own failures led up to this.I know one thing for certain, I lost all respect for the courts, the school, and the law. I now know why people walk into schools and shoot others, they too lost faith in the system. Unfortunatley. I'm not that emotionally distraught. I prefer to continue my fight through all avenues of the legal system, win, lose ,or draw, this is but one battle
in a war.The system is stacked against me now, as they know,I, like many other parents don't have the resources to put up a better fight. I will find those resources if it means a second loan on my house, which at this point living here in Batavia doesn't thrill me anymore. jUST ANOTHER FOR SALE SIGN GOING UP IN FRONT OF YET ANOTHER FAMILY'S HOME LOOKING TO GET THE HELL OUT OF THIS OVERTAXED, UNDERSERVICED, OVERBEARING SH#*THOLE.I think my son would have made out much better if he stole $40,000 from the taxpayers.Get real Batavia,before there is no one left to bully.