AUBURN — In 2014, Nicholas Viola was given a second chance after he admitted selling a stolen bicycle to feed a heroin addiction. But now, the 27-year-old will spend time in prison for violating his probation.
Viola, of 22 N. Fulton St., Auburn, pleaded guilty to first-degree falsifying business records in June 2014 after he sold a stolen bike to a local Pawn King for $5. He could have faced up to three years in prison for the felony; however, Judge Mark Fandrich ultimately sentenced him to six months in jail and five years probation.
But there were conditions to Viola's probation.
In addition to reporting regularly to the Cayuga County Probation Department, Viola would have to successfully complete inpatient treatment for his addiction. He would also have to stay out of any further trouble with the law.
Now, Cayuga County District Attorney Jon Budelmann said Viola hasn't upheld his end of the deal.
In Cayuga County court Tuesday, the district attorney said Viola failed to report to probation for a period of three months in 2016, and he failed to complete substance abuse treatment. His probation officer also suspected that Viola had begun selling Suboxone, a drug often used to treat narcotic addictions.
"Community supervision hasn't worked (and) outside treatment hasn't worked," Budelmann said. "There's a bunch of issues. One is using, one is selling and one is absconding."
Viola apologized to the court, explaining that he was prepared to admit violating his probation. He said he hoped to receive a local jail sentence as he will become a father again next year; he made the same request during his plea in 2014, saying he wanted to get home to be with his unborn baby.
But Fandrich said he agreed with the district attorney and, after accepting Viola's admission, sentenced Viola to one to three years in prison. He also included a shock camp order, which would allow Viola to serve the majority of his sentence as parole supervision while seeking treatment for his addictions.