Claims of being 'family-centered' no help for Basom man's sentence
Jarrett C. Coniglio says he's a family man.
In court on Tuesday, he had his doubters.
Assistant District Attorney Joseph Robinson noted that Coniglio assaulted a neighbor without provocation in a surprise attack, and used his brother's name to try and avoid a DWI rap.
"That doesn't sound very family-centered to me," Robinson said.
County Court Judge Melissa Cianfrini cited the same issues in her remarks before sentencing Coniglio to five years in prison on his assault conviction and 1 1/3 to four on his DWI conviction.
"I don't question that you love your family, but I question how you show it," Cianfrini said.
Coniglio entered his guilty plea at a previous court appearance in satisfaction of two Grand Jury indictments. In the first one, he was charged with aggravated unlicensed operation in the first degree, felony DWI, three counts of forgery in the second degree, and criminal impersonation in the second degree.
In entering his guilty plea, he admitted to driving on May 7, 2021 without a license and while drunk on Judge Road in Alabama. At the time he was arrested, he used the name "Grayson B. Ground," who is apparently his brother, according to statements by Robinson and Cianfrini. Ground's name was on official government documents in Coniglio's attempt to conceal his real identity.
In the second indictment, he was charged with assault in the second degree, resisting arrest, and obstructing governmental administration.
Robinson said that, on July 23, Coniglio attacked his neighbor, who was working on his own gravel driveway, in a surprise attack from behind, striking him with a glass bottle. When deputies arrived, Coniglio fought with them in a small, enclosed area of his house, which led to the Sheriff's K-9 on scene and accidentally biting a deputy, causing a puncture wound.
When Coniglio admitted to the assault, DWI, and forgery, he promised to stay out of trouble until his sentencing in exchange for a 2 1/2 year sentence cap.
In the middle of April, Coniglio was charged with attempted murder, along with:
- Assault 1st, a Class B felony;
- Criminal possession of a weapon 3rd, a Class D felony;
- Intimidating a witness 3rd, a Class E felony;
- Criminal mischief 4th, an A misdemeanor; and,
- Menacing 3rd, a B misdemeanor.
He is accused of attacking a male victim with a knife causing serious physical injury.
Rather than being a family man, Robinson said Coniglio has multiple children with a mother he doesn't contact, and by court order can't contact. He said Coniglio has "shown himself to be somebody who looks out for himself. He does what he's going to do without any regard for anybody else."
Robinson called Coniglio a danger to society. He asked for a seven-year term on the assault conviction.
When it came his turn to speak before he was sentenced, Coniglio said, "My family means so much to me."
He expressed concern about his mother's health and said he wanted to be there for her to help her. He also said that he wanted to take care of his children.
"I just want a chance to be a better person for my family," he said.
The start of the hearing was delayed because Coniglio's retained attorney, Frank Bogulski of Buffalo, wasn't in court as Cianfrini expected. In his place, Bogulski's assistant, James Mciver, who has represented Coniglio at all prior appearances and wrote the defense's sentencing memorandum.
Yet, Bogulski asked for a continuance of Tuesday's sentencing.
Cianfrini said Bogulski had plenty of opportunity to ensure he could be at the hearing. She asked Mciver where he was and Mciver said Bogulski was representing another client at a proceeding in a court in Buffalo. Cianfrini wanted to know the number of the courtroom Bogulski was in, and the name of the judge he was appearing before. She ordered a 15-minute recess and instructed Mciver to have that information before the hearing resumed.
When court was back in session, Mciver indicated he had spoken to Bogulski and that the attorney still requested a continuance, but Mciver did not know what court his boss was in or the name of the judge for that appearance.
Cianfrini reminded Mciver that she gave him clear instructions to obtain that information. She said the sentencing would proceed since Mciver was already clearly familiar with the case.
Mciver protested that Bogulski was the more experienced attorney and should really represent Coniglio at the proceeding.
Cianfrini expressed confidence in Mciver's abilities based on his prior appearances and his sentencing memorandum, and commenced the hearing on the sentencing.