Domestic violence defendant released on bond

Cary Ashby • Feb 18, 2014 at 1:07 PM

A domestic violence defendant accused of violating his probation was released on bond Friday.

Former Collins resident Scott A. Gaborko, 31, is on three years of probation.

"The discretionary time in the case has been used up," Huron County Common Pleas Judge Jim Conway said at Friday's hearing.

The judge was referring to a 60-day jail sentence which Gaborko's probation officer had the discretion of imposing at any time without a court hearing.

Conway said he was "willing to entertain" releasing Gaborko from custody on a personal recognizance bond because he'd been in jail for a considerable time and his Erie County case hasn't been resolved. A personal recognizance bond means the defendant signed a court document promising he would return for future hearings without paying any further money.

When the judge asked where he planned to live, Gaborko said he would be moving in with his girlfriend in Amherst. The woman, who was in court Friday, said she doesn't have any felony convictions and later told probation officer Andrea Cooke there aren't any weapons or firearms at her temporary apartment.

"We reluctantly agree on the personal recognizance bond," Huron County Assistant Prosecutor Daivia Kasper told the judge.

Huron County Public Defender David Longo said one Gaborko's suspected probation violations stem from a recent Erie County indictment. He is charged with burglary/trespassing in habitation, disrupting public services and domestic violence.

"He hadn't really had a chance to talk to counsel on those (charges)," said Longo, adding his client wants the chance to present an argument on the most serious of probation violations.

Gaborko's attempted domestic violence conviction is for a June 29, 2012 domestic disturbance in the 4000 block of West Collins Road, Collins. The Huron County Sheriff's Office handled the investigation.

The defendant and his wife were arguing because Gaborko didn't want his wife to visit a relative she wanted to see, "some pushing ensued" and the woman fell down, a prosecutor said earlier. Deputies saw abrasions on the victim's leg.

Gaborko later posted a $10,000 bond.

In mid-January 2013, Gaborko was sentenced to 30 days in jail on the work-release program. As part of the plea deal with defense attorney Tom Freeman, prosecutors agreed to drop the no-association order with the victim.

Gaborko has a merits hearing on the probation violations scheduled for June 16. Conway said the court would be willing to move the hearing forward if the defendant's Erie County case is resolved beforehand.

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