The accomplice in a home invasion burglary on Park Avenue on Jan. 22 -- a burglary that included the use of a handgun -- will spend the next five years in prison Judge Robert C. Noonan ruled today.
Nathaniel Davis, 18, has no prior serious criminal record and Noonan acknowledged that his testimony in the trial of Akeem Simmons probably helped put the much more experienced criminal away for 20 years.
Simmons was convicted of burglary 1st in August and sentenced last week.
Davis entered a guilty plea to a reduced charge of burglary 2nd immediately after Simmons was convicted.
District Attorney Lawrence Friedman denies there was any deal with Davis to secure his testimony in the Simmons trial, but both Noonan and Public Defender Jerry Ader cited his forthright testimony as a reason for a sentence less harsh than the one given to Simmons.
Ader said he didn't want to minimize the seriousness of his client's conduct Jan. 22, but "he was threatened if he testified and knew he was facing a state sentence, but he testified anyway," Ader said. "I can't say for sure it was a linchpin in swaying the jury, but I think it was helpful. I think he came across as believable and honest, so I do think it was helpful to the prosecution in getting a conviction."
As part of the plea deal with Davis, Friedman agreed not to speak at the sentencing.
Noonan said he understands there may be some public concern over the 15 years difference in the sentence, but besides the criminal history and the testimony, Noonan said there's no doubt in his mind that Simmons was the primary mover in the decision to burglarize a house in Batavia.
Noonan expressed skepticism at the contention by Davis that he felt trapped into participating in the crime over fear of retaliation from Davis.
"You haven't had a particularly productive life," Noonan said. "You had some difficulties that perhaps contributed to that lack of productivity, but you haven't shown any willingness to be productive and be a mainstream citizen that I can see."
Davis must also pay $4,040 in restitution. Because there was no request for restitution from Davis before he was sentenced, the entire four grand is on Davis.
