FULTON, NY – Escorted by police, Jay J. Barboni walked quietly into Fulton City Court Thursday evening to face arraignment on a charge of second-degree murder for allegedly causing the death of his girlfriendÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s 15-month-old son.
Barboni, 30, of Falcon Drive in Liverpool, was arrested Thursday after an extensive investigation into the death of the toddler, which took place at GilbertÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s Grove Apartments, 1100 Emery St., Apt. 123 in Fulton on Monday. The investigation was headed by Fulton City Police, with the assistance of the New York State Police.
Represented in court by defense attorney Amy Hollenbeck, Barboni was silent for the majority of the proceedings.
Hollenbeck waived the reading of the accusatory instrument against Barboni and entered a plea of not guilty on his behalf. She explained that while she was retained by BarboniÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s parents for the arraignment, Barboni indicated that he is laid off from his former job and does not have sufficient funds to hire counsel.
City Court Judge Spencer Ludington remanded Barboni to the Oswego County Correctional Facility without bail and scheduled a preliminary hearing in the case for 11 a.m., Aug. 26. Barboni was subsequently escorted from court in tears.
After court, Fulton Police Chief Orlo Green said that any case involving a child fatality is traumatic for the families and for the investigators who work the cases.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œYou want to see justice served,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â Green said. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œIÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢m glad we were able to make an arrest in this case.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
Green said that the Onondaga County Medical ExaminerÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s office ruled that the boyÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s death was the result of ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œextensive head trauma.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â He said that Barboni has been arrested before but not for anything to that rose to the severity of the current charge.
The case started initially as a medical call for an unresponsive child, Green noted. Since that time, he said that police have conducted an intensive investigation. He said that there was no indication that the childÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s death was accidental.
Asked if he anticipates other arrests in connection to the case, Green replied, ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œAt this point, we have our suspect in custody.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
Friends of Barboni who attended the arraignment said after court that they do not believe he could be responsible for the childÃƒÂ¢Ã¢â€šÂ¬Ã‹Å“s death.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œI donÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t believe it what-so-ever,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â said Angela VanBuren, who said she is a friend of both Barboni and the childÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s mother.
VanBuren said that Barboni has been around for his girlfriend since the childÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s death.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œHis only concern has been for (her),ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â VanBuren said. The childÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s mother was not in court, she noted.
VanBuren said that the child — regarded by friends at court as ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œBaby NickÃƒÂ¢Ã¢â€šÂ¬Ã‚Â — was at a babysitter for the majority of the day Monday.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œShe called Jay and said he had to come and get him because she couldnÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t take it anymore,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â VanBuren said. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œJay went to get him and only had him for a half hour (before the ambulance was called).ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
VanBuren noted, too, that the child has had various medical problems and suffered from seizures since his birth, which had him in and out of the hospital.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œI am not definitely on JayÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s side,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â VanBuren said. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œBut right now, I donÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t believe he could have done this.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œHe is not the only person who should have been in that courtroom today,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â said VanBurenÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s father, Martin VanBuren.
Shannon Provost, BarboniÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s ex-girlfriend and the mother of his two children, said while she doesnÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t know what happened to the toddler, she does not believe Barboni is capable of killing a child.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œI guess anything is possible,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â Provost said. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œBut I donÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t think Jay would intentionally do something to a child, no.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
Provost said that she and Barboni were a couple for 12 years. They have two children together, aged 9 and 10.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œWhen we were together, he wasnÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t the father of the year but he never lost his cool with the kids when they were babies,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â Provost said. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œWhen he was with them, he was always a decent dad.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
Provost said the magnitude of what is happening hasnÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œhit homeÃƒÂ¢Ã¢â€šÂ¬Ã‚Â yet. She has also yet to tell her children what is going on.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œI really donÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t know what to say to them,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â she said. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œI know I am going to have tell them something but I donÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t know what to say.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
Provost said that while she and Barboni do not usually get along, she believed things were ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œlooking upÃƒÂ¢Ã¢â€šÂ¬Ã‚Â for him in his new relationship.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œI was really happy for Jay,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â she said. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œI thought he had moved on. He had (the babyÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢s mother) and things seemed to be going really good.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
She said that her own children were spending time with their father and had mentioned that Barboni was doing things like helping Baby Nick learn to walk and teaching him to call him ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œDa-da.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œI donÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t know what is going to happen next,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â Provost said. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œBut I am going to be behind him right now if he needs it. Even though we are not together, we will always be family because of our kids. For our kids sake, I want them to see that I am not angry at their father. I wonÃƒÂ¢Ã¢â€šÂ¬Ã¢â€žÂ¢t say anything negative about him.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
If Barboni is found guilty of murder, Provost said she will likely have different feelings.
ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œI would have a problem with that,ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â she said. ÃƒÂ¢Ã¢â€šÂ¬Ã…â€œThat is a child.ÃƒÂ¢Ã¢â€šÂ¬Ã‚Â
Police noted that the investigation is still ongoing at this time. Anyone with information has been asked to call Fulton Police at 598-4504 or 593-TIPS (8477).