On Thursday, January 24, 2019, Robert E. Balon, Jr., age 56 of Attica, was sentenced to three and a half years in prison to be followed by one and a half years of post-release supervision on the charge of attempted burglary 2nd (a Class D armed violent felony) by the Hon. Michael M. Mohun.
Sentencing was within the discretion of the court and the possible range was between 2 and 7 years in prison. Balon was ordered to pay restitution, an order of protection was issued and he waived his right to appeal. The case was defended by James Noble of Rochester and prosecuted by District Attorney Donald O’Geen.
The charges stemmed from a home invasion involving the alleged kidnapping of the defendant’s estranged wife. The victim was living with her son at the time when the defendant entered the home armed with what appeared to be a pistol. He then proceeded to hold the victim against her will at gun point. The defendant had been arrested days before for other alleged domestic violence crimes.
The Attica Police department investigated the incident which led to a short manhunt. Balon fled the scene on foot into a wooded area behind the residence.
Sheriff Greg Rudolph of the Wyoming County Sheriff Office located the defendant on Route 98 near Lindsey Road in the Town of Attica several hours later. He was taken into custody and the alleged pistol that was used during the commission of the crime was secured. The Attica Police Department was assisted by members of the Wyoming County Sheriff’s Office and the New York State Police K-9 trooper and K-9 Rison.
On October 18, 2018 the Balen pleaded guilty in County Court to attempted burglary 2nd (a Class D armed violent felony). Sentencing was left open or within the discretion of the judge. The range for sentencing based upon the fact that the charges included an armed felony meant that the judge could sentence the defendant between 2 and 7 years with a range of post-release supervision between 1.5 to 3 years. Sentencing was adjourned until today.
“This senseless act of domestic violence has forever changed the victim. Even with the continued fear the victim remained strong throughout. She never wavered in her pursuit to hold her ex-husband accountable. The Attica Police Department did an outstanding job reacting and investigating this crime as it was resolved in a very efficient manner. The sentence today should send a clear message that domestic violence will not be tolerated in this community. There is no excuse and no event that can excuse or mitigate committing violence on a domestic partner,” said District Attorney Donald O’Geen.
“If anyone is in a position where they are not safe and need help please call the Domestic Violence Hotline at 1-800-527-1757. There are resources to help any and all situations. You are not alone and we have experienced advocates on call 24/7 to help,”