Friday, May 15, 2015

Twice-convicted child abuser dad who assaulted 2-month-old son charged with violating parole (North Tonawanda, New York)

Dad is identified as JEREMY BOLVIN.

Twice-convicted father who beat son charged with violating parole

By Lou Michel | News Staff Reporter on May 13, 2015 - 5:01 PM

Jeremy Bolvin, the North Tonawanda father twice convicted of beating his infant sons, was arrested Wednesday and charged with violating his parole by establishing a social media account, authorities said.

State Parole Officer Philip Turecki arrested Bolvin, 28, early Wednesday and placed him in the custody of Niagara Falls police. He will now face a parole hearing and could end up being returned to state prison. Bolvin’s parole was to end Aug. 21.

Bolvin’s violations involved establishing social media accounts and posting photos of himself, according to officials familiar the case. Parole officials in Albany said Bolvin was charged with “multiple technical violations” of his parole conditions.

Bolvin was convicted in 2011 of attempted second-degree assault for the second of the two attacks, which left his then 2-month-old son Jay J. brain damaged. In response to public outrage, a state law was passed that strengthens sentencing guidelines for repeat child abusers.

But the legislation, known as “Jay J.’s Law” did not apply to Bolvin, who was released from state prison in April 2014 after serving about 2½ years or two-thirds of his maximum four-year sentence because of good behavior.

Bolvin was convicted in 2007 of third-degree assault for breaking the arm of a six-month-old son, but that case could not be considered at the time of his 2011 sentencing because judges were prohibited from looking back more than three years into a defendant’s prior convictions.

“Jay J.’s Law” changed that look-back period to 10 years for defendants with previous child abuse convictions.

State Sen. Tim Kennedy, D-Buffalo, who sponsored the law that Gov. Andrew M. Cuomo signed in 2013, said Wednesday that additional legislation is needed to require child abusers like Bolvin to serve the full sentence.

“News that Jeremy Bolvin is once again in police custody is not surprising, and frankly, it is where he belongs,” Kennedy said. “The abuse that young Jay J. was subjected to by Bolvin is unspeakable, and the meager four-year sentence Bolvin received was disproportionate to the horrific crimes he committed and the danger he poses to our community.”

In addition to being left developmentally challenged, Jay J., now 5, suffered 11 fractures and has been diagnosed with a seizure disorder, though he has been seizure-free for about a year. He still takes medication and is on a special diet because of the condition.

Kevin Retzer, Jay J.’s great uncle, said Jeremy Bolvin should never have been granted an early release from prison because of the “life sentence” of impairment he imposed on Jay J.

“When he pleaded guilty to avoid a sentence of seven to 10 years, we thought that he had to do all four years. The parole board had denied his release because of his lack of remorse and the likelihood that he would reoffend, but then we learned that there’s this administrative part of the penal system that says as long as he does two-thirds of his sentence and has good time, he can walk,” Retzer said.