Henry Banks walks into Genesee County Court on Wednesday morning
Henry Banks appeared in Genesee County Court with his attorney Steven Cohen on Wednesday morning, and accepted a plea deal on an Alford Plea, which means he as pleaded guilty while maintaining his innocence and acknowledging that the evidence is sufficient for a conviction. 10-year-old Javarius Williams succumbed to injuries sustained in the fire.
Banks, 55, of Medina, NY, pleaded guilty to criminally negligent homicide, a class E felony and one count of endangering the welfare of child (2nd of the three counts). As part of the plea, Banks was placed on interim supervision by probation beginning today for one year.
“This means probation before his sentencing, if he is successful, he can withdraw the plea to the criminally negligent homicide and go to sentence on the misdemeanor endangering the welfare of child. If he is compliant, he would be entitled to a sentence of no incarceration. If he violates, he could face a sentence of 1-4 years in state prison,” says District Attorney Kevin Finnell.
“It is a terrible tragedy to lose a life, especially of a child. But we can’t be driven by the results, we have to be driven by what’s just, and in this case criminal negligence requires a very high degree of negligent behavior, which I put on the record. I think there is elements supporting that. There is also elements for the defense and some people might argue that him leaving a 12-year-old in charge of his children for a couple hours is something a lot of parents do, it’s not negligent at all, much less criminally negligent. So, we have to bear all that in mind to do what’s right moving forward, and I think this is a just result for Mr. Banks, despite the tragic circumstances. Mr. Cohen reports that Mr. Banks is devastated by this as much as any other parent would be under the circumstances.”
Banks was being held on $25,000 cash, $75,000 secured bond, $50,000 bail bond. Cohen requested that that bond be released. Judge Lightcap-Cianfrini granted the request.
The final sentencing date is scheduled for October 29, 2026 at 10:00a.m. Banks could possibly be sentenced to probation and a conditional discharge depending on compliance over the next year.
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