Court

Elderly Auburn man gets 2 1/2 years for selling drugs

2012-11-09T03:00:00Z 2012-11-09T10:27:02Z Elderly Auburn man gets 2 1/2 years for selling drugsSamantha House The Citizen Auburn Citizen
November 09, 2012 3:00 am  • 

AUBURN | Curtis Fizer is worried he won't leave prison alive.

At the age of 64, the Auburn man has rheumatoid arthritis, two artificial hips and walks with a cane. With his medical needs in consideration, Fizer fears he won't outlive his 2 1/2 year sentence.

Charles Thomas, the defendant's attorney, discussed Fizer's misgivings Thursday morning in Cayuga County Court before Judge Thomas Leone sentenced his client.

"He's concerned whether or not he's going to make it out of prison," Thomas explained.

But along with Fizer's medical history, District Attorney Jon Budelmann said, comes Fizer's criminal history.

Budelmann said Fizer first entered the criminal justice system when he was in his early 20s, getting in trouble on and off over the next 40 years.

And after the defendant was charged with selling a narcotic preparation last July, Budelmann said Fizer pleaded guilty to fourth-degree criminal sale of a controlled substance in exchange for a promised sentence of 30 months in prison.

Leone sentenced Fizer, of 413 Melone Village, to 2 1/2 years, explaining that he needed to go forward with the promised sentence, "distasteful as this may be to me." Fizer must also pay $45 restitution to the Finger Lakes Drug Task Force.

"I think that it's unfortunate that I have to send a 64-year-old defendant to prison for selling drugs," Leone said.

Leone allowed Fizer to say goodbye to his wife before officers handcuffed him and escorted him out of court.

Also in court:

• Blotting her eyes with a wad of tissues, Liberty Bell Wilson admitted selling cocaine in Auburn last winter, pleading guilty to the felony charge in exchange for a promised sentence of three years in prison and two years post-release supervision.

At first, the 29-year-old Auburn woman said she couldn't remember how much money she pocketed for selling the narcotic drug. But after some help from Budelmann, Wilson said she sold $50 worth of cocaine.

Wilson, of 30 Jefferson St., pleaded guilty to third-degree criminal sale of a controlled substance in satisfaction of the other three drug-related felonies originally charged against her.

• A level two sex offender currently serving a 20-year-long prison sentence for possessing a large stash of child pornography was sentenced to serve six months in the Cayuga County Jail for a registration violation.

Brian Mattes, 36, formerly of Auburn, pleaded guilty — via an affidavit signed and mailed from the federal penitentiary in Florida where he is currently housed — to misdemeanor attempted failure to report a change of address as a sex offender.

Mattes' sentence will run concurrently with his federal bid.

• Andre Melvin, 48, pleaded not guilty to a charge accusing him of violating the terms of his probation. Melvin, of 47 Perrine St., apartment three, Auburn, was released on his own recognizance.

Staff writer Samantha House can be reached at 282-2282 or samantha.house@lee.net. Follow her on Twitter at Citizen_House.

Copyright 2015 Auburn Citizen. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

(1) Comments

  1. Mr bwash
    Report Abuse
    Mr bwash - November 09, 2012 7:16 am
    What sort of drugs and what quantity did Curtis sell?
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