Judge refuses
to imprison probation
violator, 20

The man was involved
in the assault of a visiting
Chicago police officer

By Susan Kreifels
Star-Bulletin

A Circuit Court judge has declined to immediately imprison a young man who violated his probation in connection with the beating and robbery of a Chicago police officer on the North Shore.

Judge Sandra Simms instead revoked bail for Rodney Balbirona, 20, and gave him an extra four months to prove himself instead of putting him behind bars.

Balbirona was sentenced to five years' probation in February 1997 for second-degree theft. He grabbed Officer James Boreczky's suitcase after the officer was punched by Darrell Ortiz.

Ortiz, 23, was sentenced to the maximum 10 years in prison for second-degree robbery in the attack near a Sunset Beach bus stop. Boreczky suffered multiple facial fractures, a broken nose and a broken jaw.

Deputy Prosecutor Maurice Arrisgado said Balbirona had "failed miserably" by violating every term of his probation except signing a waiver of extradition.

He asked Simms to resentence Balbirona to five years in prison, or at least five years of probation with one year behind bars.

Simms disagreed that Balbirona had violated all the terms. But she told him she would review his case Jan. 12 and then decide if he would get probation or prison.

The judge said Balbirona didn't have a prior criminal record, was "still awfully young," and she was reluctant to send him to prison.

"This is your last chance," she told him. "You have got the key to the jail."

Simms said she felt Balbirona had fulfilled some of the probation terms. "For you, your efforts are fairly substantial," she said. "You got a little bit frightened. You missed some stuff."

Arrisgado and probation officer Martena Pisacreta said outside the courtroom that Balbirona stopped making the required twice-a-month visits to Pisacreta last November, completed only four of 200 hours of community service, paid a portion of the restitution because he lost a job, and admitted to using marijuana and alcohol after his sentencing.

Keith Shigetomi, Balbirona's attorney, said his client was now employed in a roofing company, had continued to see a psychologist and had almost passed the test for his high school diploma.

A letter from Castle Medical Center said Balbirona had completed an assessment at the center Sept. 3 and was willing to start a substance abuse treatment program.

Arrisgado said Balbirona rushed to do things at the last minute to impress the judge.

"In my experience, those who don't comply at the outset will be right back in court," Arrisgado said.

"He failed miserably. The judge was too generous."

Balbirona apologized to Simms and said the month he had spent in prison taught him that "running away won't solve it."

He said now he was the father of a "beautiful daughter" and would do better.