A former Thorpe Street resident who was convicted of breaking into the unoccupied Maple Street apartment of a man jailed on drug charges was sentenced to eight years in prison today.
Eric P. Doleman, 41, pled guilty in February of second-degree burglary and first-degree aggravated unlicensed operation of a vehicle.
Doleman will serve one-and-a-third to four years concurrently on the aggravated unlicensed operation charge, and after his release from prison he will be under court supervision for five years.
The convictions stem from breaking into the home of Edward R. Freida on Dec. 29. Doleman entered the apartment through a window while his accomplice, Frederick H. Robidoux Jr., waited outside. A neighbor spotted the men loading up a truck with items from the residence and reported this to police. Robidoux was sentenced last week to six years in prison for attempted burglary.
Freida, who is still in jail, was allowed to speak at today's sentencing. Wearing an orange jail jumpsuit and in shackles, Freida asked Genesee County Court Judge Robert C. Noonan to impose the maximum sentence allowable -- eight years.
"I treated this guy like family," Freida said with a clear, emphatic voice. "I gave him food and a place to crash. I'm in jail and then he turns around and robs me."
Then a man in the gallery, who told an attorney he was Doleman's brother, yelled out to Freida "You did your own crime. Did the DA give you a plea deal?"
Noonan asked the man if he wanted to stay in the courtroom and be quiet or leave. The man said he wanted to stay. A deputy walked over to the man and stayed there for the remainder of the sentencing.
"I would not be in jail if not for the defendant," Freida continued.
The judge said he would not consider the statement in determining Doleman's sentence.
"I am not imposing sentence in any fashion because of Mr. Frieda's comment that he's incarcerated because of Mr. Doleman," Noonan said.
Defense attorney Terry Falk asked for the minimum prison time allowable in this case, five years. He said Doleman has never before been convicted of a Class E felony, only misdemeanors, and that the defendant has been cooperative with law enforcement agencies.
"His mother is 64 and she has COPD, and she has fluid around her heart," Falk said, adding the obvious -- that the chance that Doleman's mother will die while her son is in prison increases with a longer sentence.
The matter of restitution was debated and Falk said that although the DA's office requests around $4,000 only $292 can be documented as the material loss resulting from the crimes.
The judge told Falk that the approved plea agreement states that the restitution the DA asked for would be ordered or the DA could withdraw his consent for pleading guilty.
Thus, the defense consented to restitution of $3,810.31, for which Robidoux is jointly responsible.
When asked if he wanted to speak before sentencing, Doleman said "I apologize beforehand. I will be a good citizen upon my release."
The judge was disinclined to believe him, citing Doleman's lengthy history of run-ins with the law.
"You have a very consistent record of breaking the law -- for 20 years," Noonan said, adding that Doleman's lawyer "negotiated a good deal."