Malik Ayala, 27, was sanctioned by Judge Charles Zambito on Friday afternoon after he missed several appointments with Horizon since October.
Ayala was accepted into a Judicial Diversion Program that could last seven months or more after a County court appearance last month.
While in the seven month program, he has been under the supervision of the Probation Department. Since Ayala entered drug treatment programs in Niagara County and in Genesee County this past fall, he as kept out of trouble and has been clean of drugs and alcohol and has avoided sentencing. He is currently living in Albion and traveling to Batavia to participate in the program at Horizon.
Public Defender Jerry Ader says there have been transportation issues and he says his office was made aware of those issues, but they wanted him away from Batavia.
Ayala told the court that part of the problem was he could not get there at times. He says he reached out to the counselor about it.
“Sorry, I am trying my best,” Ayala said.
Ayala says he has been clean since rehab.
Judge Zambito told Ayala that he has taken a lot of heat from the community for allowing him to participate in the diversion program.
“You know that the DA’s Office is opposed to you participating in this program. I have given you an opportunity to prove yourself,” said Judge Zambito.
“I get it, it wasn’t your fault, but you need to take responsibility. The alternative is you go to prison, a sanction is warranted, I don’t want to take you out of the program.”
Zambito ordered Ayala to serve the weekend in jail beginning today. He will be released on Sunday afternoon at 4p.m.
Ayala has already accepted a plea deal and has pleaded guilty to a felony burglary charge.
He was picked up on Nov. 15, 2018 in connection with a string of burglaries in Genesee County after Investigator Chris Parker with the Sheriff’s Office identified a vehicle that was wanted in connection with the burglaries.
The vehicle was being operated by TeeSean T. Ayala, 20, Malik’s brother.
After the vehicle turned into a driveway at 317 Washington Ave., a .22-caliber semi-automatic pistol was thrown from the vehicle. The Sheriff’s Office says TeeSean Ayala was in possession of a stolen handgun that had a defaced serial number in the vehicle during the traffic stop.
TeeSean Ayala, 20, of Batavia, was sentenced in Genesee County Court to five years in prison and five years post-release supervision in the incident. TeeSean pleaded guilty to one count of criminal possession of a weapon, 2nd, which satisfies seven other residential burglary charges dating back to 2015.
Malik Ayala was convicted on a burglary charge in 2010 after violating his probation. He served a state prison term after being sentenced to 1-4 years.
If Ayala does not abide by the rules of the diversion program he faces 7 years in prison.
Sentencing is scheduled for August 11, 2020, after Ayala completes the Judicial Diversion Program.