NORTHAMPTON — A victim of a violent home invasion in Amherst, speaking publicly for the first time in Hampshire Superior Court Monday, said he no longer sleeps well at night, is incapable of functioning in social settings and continues to suffer from pain in his right arm from a deep wound in which muscles, nerves and tendons were cut.

“I’m forever haunted by that night,” Jandall Boom told Judge Richard Carey, during the sentencing of Patrick Bemben. Prosecutors have described Bemben, of Hadley, as the mastermind of the break-in on the night of Oct. 29, 2016, at a home at 943 South East St.

Though now employed at the Mullins Center in Amherst, where he can perform most tasks but tires easily due to his injury, Boom said he has post-traumatic stress syndrome and continues to be affected financially by his surgery and therapy. He asked Carey to sentence Bemben to at least 10 years in state prison.

“This is a dangerous person,” Boom said.

Carey sentenced Bemben to three to four years in state prison, with a recommendation that the time be served in county jail, followed by four years probation, along with a series of conditions upon his release. Bemben will receive credit for 86 days previously served in jail.

Last week Bemben agreed to plead guilty to 10 counts related to the incident in the deal negotiated between the Northwestern district attorney’s office and his defense attorney, David Hoose. He pleaded guilty to charges of conspiracy to commit a home invasion, conspiracy to commit an armed and masked robbery, assault and battery, assault and battery with a dangerous weapon, aggravated assault and battery with a dangerous weapon, breaking and entering during the nighttime to commit a felony and use of body armor in committing a felony, and three counts of armed robbery with a firearm.

Many friends and family from Hadley, as well as his fiancee and counselors, packed the courtroom to support Bemben, who sat next to Hoose throughout the proceedings. Bemben offered no visible reaction to Carey’s sentencing. Afterward, many of those who came to offer support, and had also done so in writing letters to the court, hugged each other in the hallway outside the courtroom.

‘Grievous bodily harm’

First Assistant Northwestern District Attorney Steven Gagne had asked for Bemben to serve five to six years in state prison, followed by five years of probation, with conditions, including that he remain drug- and alcohol-free, stay away from the victims and not handle or possess weapons.

Gagne said that, as the orchestrator of the home invasion, Bemben should face the most serious consequences. “Without him, it never would have happened,” Gagne said in court.

Bringing a fully functioning rifle to the scene, along with other weapons, including knives, meant there was the ability to inflict “grievous bodily harm,” he said.

“The risk that someone could have been killed was very high,” Gagne said.

Boom and two others were injured or threatened with injury. One roommate suffered a laceration to his head after being struck with a handgun, and the other roommate had a gun put to his head and was forced to have his hands zip-tied behind him, Gagne said.

The months of planning and recruiting to “storm the castle,” as Gagne put it, was to pay back Boom, who prosecutors say cultivated and supplied Bemben with marijuana, but then cut him off, leaving Bemben to feel “disrespected and offended.”

Gagne said his office used discretion in not pursuing any marijuana-related charges against Boom or others in the household.

But Hoose said there were mitigating factors in seeking a reduced sentence for his client. He recommended six months in the House of Correction and two years of probation. He stated in court that Bemben had no prior criminal record, that he was a heroin addict at the time of the offenses, and that he has had a strong recovery since the home invasion and has “extraordinary” family and community support.

In asking for Bemben to serve time in the House of Correction, Hoose said it would benefit his recovery.

“The recovery has been exceptional,” Hoose said. “He should go to jail, but not so long as to undo his progress.”

Hoose also disputed that the planning for the home invasion was sophisticated, noting that Bemben didn’t factor in the floodlights, which came on after those involved subdued one roommate outside, which drew attention to their presence to the other two roommates inside the home, who then exited with baseball bats to defend themselves.

Gagne told Carey anything less than state prison would be inadequate, even if Bemben had an opioid addiction. “That doesn’t excuse the premeditated planning that went into this event,” Gagne said.

Carey’s decision means that Bemben’s sentence will be shorter than Warrens Gelin of Springfield, who last month accepted a plea deal in which he will serve four to five years in state prison for his role. Bemben brought in six individuals to assist him in the home invasion, according to prosecutors.

Gagne said even though Carey is recommending Bemben serve his sentence in the House of Correction, it will be up to the state’s Department of Correction to determine if he can serve a state prison sentence in a county jail. Bemben would still be forced to abide by all the rules of state prison and have fewer opportunities before the parole board.

“I think it was important for a crime of this magnitude to receive the state prison sentence,” Gagne said.

The others who have been charged include Stephanos Georgiadis and Tivon LaValley, both of Hadley, and Joseph T. Barcelos of Belchertown, all of whom Bemben allegedly recruited to be part of the group entering the home, and John Joseph Niemiec III and Brittany Buckowski, both of Sunderland, who rented a U-Haul and allegedly acted as drivers during the incident. Those five have pleaded not guilty to charges, and all but LaValley have either posted bail or been released with conditions.

Gagne said trials for these defendants could begin in December, though there will also be an effort to reach plea deals with each of them.

Scott Merzbach can be reached at smerzbach@gazettenet.com.]]>