State of Connecticut v. Kevin M. Lombardi (2013)

MEMORANDUM RE DEFENDANT'S MOTION FOR ACCELERATED REHABILITATlON

Defendant was arrested by warrant on September 24, 2012, for the offense of Disorderly Conduct under 53a–182 of the Connecticut General Statutes.   The facts included in the arrest warrant indicate that Lombardi approached fellow employee, Tobiasz Krysiatys, at a job site, holding a handgun which he aimed toward Krysiatys while stating, “Why is your friend working and so are you, and I'm sitting home not working?”

Defendant filed a Motion For Accelerated Pretrial Rehabilitation under 54–56e of the General Statutes.   The granting or not of the application is within the sound discretion of the Court.

Other salient facts are that the owner as well as the general manager of the employer company (Aiello Home Services) went to the Windsor Police Department after learning about the incident.   They indicated to the police that the defendant would be terminated from his employment.   Windsor Police advised the employers “to have Windsor Locks Police Officers on the scene at their office prior to Lombardi's arrival.”

The general manager of Aiello's further advised the police that the defendant was being treated for “anxiety” and that Lombardi had “told him that the issues he had with the medications had to do with the amounts and types taken.”   [Windsor Police Department Incident Report, 9–21–12.]   The victim, Tobias Krysiatys, in a sworn statement dated September 20, 2012 stated that “he [Lombardi] was sick and he also said he was seeing a ‘shrink.’ “

Based upon the defendant's arrest and the facts obtained by the police, a search warrant was obtained for Lombardi's home in East Hampton, Connecticut.   Ten firearms were seized, including a U.S. Carbine .30 caliber rifle with a 30–bullet full magazine—a prohibited weapon.

Based upon the foregoing, the Motion For Pretrial Accelerated Rehabilitation is denied.

By the Court

Scheinblum, J.

Scheinblum, Howard, S.J.