U.S. District Judge Michael A. Ponsor, noting that Brooks’ co-defendant had received a 17-year prison term while Brooks was given just 3 years, expressed displeasure at seeing Brooks back in his courtroom.
Michael PonsorSPRINGFIELD – A few ill-considered words to a probation officer helped bring Kirk Brooks back to federal court Monday for a probation revocation hearing.
After serving 30 months in prison on a federal firearms charge, Brooks reported to the Hampden County Pre-Release Center in June 28 to begin serving the last part of his sentence - six months in community confinement program.
But Brooks reported late, tangled with the center’s staff and was kicked out after three days, according to a motion filed by Assistant U.S. Attorney Kevin O’Regan.
“I don’t give a (obscenity); write me up,” Brooks told one staffer, according to the motion. “You’re crazy; I’m not signing nothing. Get the (obscenity) out of here,” he told another.
On July 3, Brooks was arrested and remained in custody until Monday’s hearing. His lawyer, Edward B. Fogarty, acknowledged that Brooks had violated his probation.
U.S. District Judge Michael A. Ponsor, noting that Brooks’ co-defendant had received a 17-year prison term while Brooks was given just 3 years, expressed displeasure at seeing Brooks back in his courtroom.
He also reminded the defendant that his probation terms are not negotiable.
“If they tell you to put on a tutu and take ballet classes, you better put on your dancing shoes,” Ponsor said.
By agreement with Fogarty and Assistant U.S. Attorney Steven H. Breslow, Ponsor sentenced him to time served in custody since July 3, plus five more days, before Brooks rejoins the pre-release program.
Brooks and co-defendant Jeremy Wright were arrested in 2009 for trading a 9 mm pistol and a 25 caliber pistol from Brooks father to an undercover detective in exchange for crack cocaine.
The 9mm pistol was eventually confiscated and destroyed by Holyoke police; the second gun turned up in a Hartford high school in 2010.
Given the strict federal sentencing guidelines for repeat firearms offenders, Ponsor warned Brooks that another conviction would be risking a life sentence.
“You’d be better off eating rat poison,” the judge said.