Man gets 10 years for Scotia burglary and police station escape

PHOTOGRAPHER: Marc Schultz

Davon Ballard with his attorney John Della Ratta being sentenced to 10 years in Schenectady County Court on Thursday June 9, 2016.

The burglary suspect who escaped through a Scotia police station bathroom window last October only to be recaptured minutes later received a 10 years in state prison Thursday for his crimes.

Davon Ballard pleaded guilty earlier to one count of second-degree burglary, a felony. The plea covered both his underlying break-in and his escape.

In exchange for his plea, Judge Matthew Sypniewski imposed an agreed upon sentence of 10 years in state prison. He also ordered restitution to the homeowner and the police department for damage caused to a police vehicle during his initial arrest.

Police initially arrested Ballard, a 22-year-old ex-con, the morning of Oct. 21 for a burglary at an occupied village home, taking him into custody after a foot chase.

Once back at the village’s police station, Ballard asked to use the bathroom. Unhandcuffed to use the facilities, but still in shackles, Ballard took advantage of the brief moment of privacy and a previously believed secure window and fled.

Police did not discipline the officer as he remained where he was supposed to be and escape there had never been anticipated. The window’s opening was narrowed by a metal fire escape running diagonally across it. The window has since been shored up by a metal bar grate.

The officer who had been guarding Ballard quickly realized Ballard had escaped. Officers soon had Ballard back in custody several blocks away.

Prosecutor Michael DeMatteo said after Thursday’s sentencing that the 10-year number fit both Ballard’s history, the current burglary offense and the escape.

“For what happened and everything, I think 10 years was the right sentence,” DeMatteo said.

Ballard had been released from his previous 5.5-year burglary sentence in September.

In court Thursday, Ballard attorney John Della Ratta asked Sypniewski to recommend Ballard for prison career programs, “so upon his release he is better equipped to deal with society than he was just recently in 2015.”

Della Ratta said Ballard appreciates programs he’s had in the past, but believes a career program “could be of great benefit.”

Judges usually only recommend inmates be screened for all appropriate programs.

Sypniewski noted Ballard’s criminal history, his previous lengthy sentence and that Ballard reoffended soon after release.

“He’ll have 10 years this time to perhaps deal with the underlying issues that have fueled his rearrest,” Sypniewski said.