Man who made threat vs. judge to serve 2 years
A 45-year-old Indianapolis man who last spring made threatening phone calls to a Putnam County judge and his staff was sentenced Monday to the maximum six years in the Indiana Department of Correction.
Patrick S. Zaborski, who pleaded guilty to the Level 5 felony intimidation in a plea agreement with the Putnam County Prosecutor’s Office, will have two years of his sentence executed with the remaining four years suspended on probation according to Superior Court Judge Denny Bridges’ ruling.
As part of Zaborski’s plea deal, the state agreed to cap the executed portion of the sentence at two years.
But that didn’t stop Judge Bridges from giving him the maximum sentence for a Level 5 felony, which carries a sentencing range of 1-6 years.
Last March 3 and 4 Zaborski made threatening statements by phone to Putnam Circuit Court Judge Matt Headley and members of his staff, reportedly promising to do harm to the judge.
Judge Headley’s only recommendation toward the sentencing of Zaborski was that the defendant receive as much mental health treatment as Judge Bridges could dictate.
Bridges gave Zaborski the maximum sentence for intimidation, citing the defendant’s prior criminal record and the fact the threat was made against a public official as aggravating circumstances.
Additionally, Bridges noted in taking Headley’s recommendation into account, “I want to keep an eye on him as long as I can.”
Zaborski, who was represented by court-appointed counsel Austin Malayer, was given credit for 189 days served in the Putnam County Jail.
While the charge of intimidation is normally a Class A misdemeanor, it is enhanced to a Level 5 felony in this case because the threats were made against a judge.
The case came to light after two Circuit Court staff members reported receiving threatening calls, prompting Headley to call the number back on March 4.
The judge told Indiana State Police investigators that the man who answered kept repeating himself and speaking menacingly.
Trooper James Crisp learned that the number belonged to Zaborski and asked if Headley had ever dealt with the man.
The judge advised that he had, noting that Zaborski had a history of substance abuse but no serious criminal history.
When Trooper Crisp reached Zaborski by phone, the Indianapolis man admitted making the calls, saying he was intoxicated at the time.
Zaborski admitted being angry that the judge had sent him to drug rehab but advised the trooper he had no intention of acting on his threats.
According to the probable cause affidavit, Zaborski told court staff members that he ”walked out of that place (Judge Headley) sent me” and had no plans of going back.
The Zaborski threats were the second of two spring incidents targeting Headley.
The earlier case was more of a close call as the Greencastle man accused of the threat, Joshua Akins, 25, was actually in the courtroom for the March 7 incident. Akins reportedly made verbal threats against the judge and began to move toward the bench when Cloverdale Police Sgt. Charlie Hallam, in court on another matter, intervened.
Like Zaborski, Akins also faces a Level 5 felony intimidation charge, as well as a Class A misdemeanor charge of resisting law enforcement.
In August, Akins was granted work-release status, being released from Putnam County Jail with stipulations that include daily reporting to probation to ensure defendant takes his medication and supervision by his mother on weekends. Akins, who was also ordered to have no contact with Judge Headley, was also to obtain mental health counseling.
A jury trial in the Akins case is scheduled for 9 a.m. March 17 in Superior Court.