The Honorable Judge Noonan has nailed this one. Great job. Punishment stiff, firm, but allows for the Defendants penance.
Young man who fled from assault charge given at least a year in prison
Submitted by Howard Owens on November 28, 2012 - 5:40pm
Twenty-year-old James Russell Kosiorek will have to go to prison, Judge Robert C. Noonan ruled Wednesday afternoon.
The former Le Roy resident had his sentencing delayed last week after Noonan decided he wanted more information on Kosiorek's mental health.
Today, Noonan said he was looking for some information that might explain why Kosiorek felt it was OK to flee to South Carolina after he was arrested on a felony assault charge.
"I was looking for some overriding, unreported psychological issue to help explain to me how you could behave so irresponsibly," Noonan said, "especially after a probationary sentence was placed on the table."
While it seems that no mental health professional who came into contact with Kosiorek ever really dealt with issues related to Kosiorek witnessing his brother's death at age 13, Noonan said that still didn't explain while Kosiorek fled.
He also noted that Kosiorek has found a new lease on life with a baby and plans to get married, but that at least one to three years in state prison was still the appropriate sentence.
Kosiorek was arrested in October 2010 for punching and kicking a victim in the head.
After jumping bail and heading to South Carolina, Kosiorek found a job, fathered a child and was engaged to marry.
At the first phase of his sentencing last week he said his new family meant everything to him and he wanted to lead a better life for his daughter.
Noonan did rule that Kosiorek could be considered a youthful offender, which means when he completes his prison term, he won't have a felony on his record.
"You will have that chance to start somewhat fresh when you are released," Noonan said.