Supreme Court Justice Timothy P. Mazzei approved a plea bargain on June 25 in the case of Darius Petty, 35, an East Hampton man accused of kidnapping and robbing three young men at knifepoint in the parking lot of the East Hampton Town Senior Center on Springs-Fireplace Road in September.
Mr. Petty approached the men as they sat in a parked car on the evening of Sept. 3 and asked to use a cellphone, according to a press release issued by the district attorney’s office last year, and when one of the men obliged he allegedly held a knife to the driver’s throat, demanded money, and entered the vehicle through the rear passenger door.
He directed the driver to Damark’s Market on Three Mile Harbor Road as he held the knife to the throat of the passenger in front of him, according to the release, and ordered one of the men to withdraw cash from the A.T.M. When that transaction was unsuccessful, he allegedly directed the driver to the Bank of America on Newtown Lane in East Hampton, where one of the men successfully withdrew $300. Mr. Petty ultimately exited the car on Boatheader’s Lane and fled on foot, taking with him the cash and some of the men’s belongings, the D.A.’s office said.
Mr. Petty was taken into custody by the East Hampton Village police the following day, and was arraigned before Supreme Court Justice Timothy P. Mazzei at Suffolk County Court in Riverhead on Sept. 18, charged with three counts of second-degree kidnapping, one count of second-degree robbery, and one count of first-degree attempted robbery, all violent felonies. He faced up to 25 years in prison if convicted of the top count.
“They came back last night with a very, very good offer, I think, so we’ll go from there,” John Halverson, Mr. Petty’s attorney, said, shortly before Mr. Petty was taken into the Riverhead courtroom last week. Per the agreement he had reached with the district attorney’s office, Mr. Petty would plead guilty to a single count of second-degree attempted robbery, and in exchange receive a sentence of three years in prison followed by five years of post-release supervision.
As Justice Mazzei read through the terms of the deal, Mr. Petty repeatedly shook his head and cast his eyes toward the ceiling. The proceedings came to a pause when Mr. Petty learned of the post-release condition. “I don’t know about that. I didn’t know it would be five years after,” he announced in open court, before he was escorted out of the courtroom to confer with Mr. Halverson.
“You’ve got to wonder what goes through these people’s minds. It’s not the three years in prison that’s the problem, it’s the five years after prison,” Justice Mazzei said to the collected attorneys and court staff. When Mr. Petty was escorted back into the courtroom, the justice explained to him that the length of the supervision was “mandatory,” and that there was “nothing we can do about that.”
“I’ve got to be honest with you, Mr. Petty; I wasn’t going to do this,” the justice told the defendant, explaining that the offer was available to him only because Mr. Halverson had gotten the district attorney’s office to agree to reduce his prison sentence from 10 years down to three. If he didn’t accept the deal that day, the justice said, “all bets are off,” and if he were to ask for a three-year sentence in the future, he “won’t be getting that.”
After that exchange, Mr. Petty assented and entered a formal guilty plea to one count of attempted second-degree robbery. Before the proceeding concluded, he asked Justice Mazzei to consider allowing him a “grace period” of three to four days of supervised release before the beginning of his sentence, stating that the mother of his 10-year-old son was involved in a case with Child Protective Services, and that he wanted to check on his son and introduce him to other family members so that he would have “somewhere to turn” during Mr. Petty’s incarceration.
Justice Mazzei initially denied the request, citing a general policy he has against the practice. He had granted those requests three times, he explained, and not one of those defendants had returned when they had promised to do so. Mr. Petty asked him to reconsider, stating that he would be willing to do “anything and everything” for the opportunity.
“I’ll tell you what,” Justice Mazzei said before walking off the bench, gesturing for the attorneys to follow him back to his chambers. Mr. Petty was escorted out too, and all parties returned a few minutes later. “I’ll tell you what I’m willing to do,” the justice announced as they resumed. He was not going to accept the request that day, he explained, but based on the consent of the district attorney’s office, he would consider granting the request when they all returned to court for Mr. Petty’s sentencing.
“Sounds great, your honor, thank you,” Mr. Petty replied, his voice varying from a flat monotone for the first time that day.
“If you do something stupid while you’re out, commit another crime, don’t show up when you’re supposed to, I will sentence you to the maximum,” Justice Mazzei warned him. “Do you understand that?”
“Yes I do, judge,” Mr. Petty replied, before he was escorted back out of the courtroom. He is due back in court for sentencing, and for the consideration of his “grace period” request, on July 29.
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Note: This article has been updated since it first appeared online.
