SALEM – A Lynn man who admitted to shooting out the back window of a car on Munroe Street in Peabody last year will spend 30 months in jail before being placed on probation for another three years.In Salem Superior Court Friday morning, Hector A. Batista, 20, of 26 Caldwell Crescent, could have been sentenced to 111/2 years.He pleaded guilty before Judge Timothy Q. Feeley to two counts of armed assault with intent to murder as well as carrying a firearm without a license, discharging a firearm within 500 feet of a building and possession of cocaine.”I will change my ways. I will not let you down,” Batista told Feeley before he handed down his sentence.Assistant District Attorney Michael Patten said on Nov. 4, 2009, a mother was driving with her 18-year-old son and his friend when a Ford Taurus was behind them hitting their bumper.The youths recognized the driver who they knew as “Hex,” a nickname for Batista, who claimed they knew who shot at his house.The 18-year-old told Batista he didn’t know anything about it. When they saw Batista reach into his sweatshirt for a gun, they jumped back into the Honda and then heard a pop and the rear window exploded.Around 11 a.m., Lynn police located Batista’s vehicle on Chestnut Street and took him into custody.Police found a loaded .38 caliber semi-automatic pistol in the right pocket of his hooded sweatshirt. Then when Batista was being booked, police discovered a sandwich bag with a white rock-like substance (cocaine) in his other pocket.Patten argued for a sentence of seven years in state prison. He noted that when Batista was arrested he said he could take matters in his own hands and take care of those “snitches.””His solution was to arm himself and shoot people,” Patten emphasized, while adding, “this mentality cannot be tolerated by the court.”Defense lawyer Sierra Rosen pleaded for leniency, saying her client made a “horrible decision” that day.”He’s not a gang-banging thug. He’s getting a chance and he knows it,” Rosen stated as she asked the judge for a 30-month jail term.While on probation, Batista was ordered to be evaluated for substance abuse with treatment and counseling as deemed necessary, submit to random screenings and he was ordered to stay away and have no contact with the victims involved in the case.The term of incarceration imposed will not commence until Batista wraps up a two-year term he is currently serving for a probation violation regarding an unrelated crime in 2008 for cocaine possession.The judge credited Batista 50 days toward his term of incarceration.Batista will be eligible for parole after serving one-half of the committed term of incarceration because it is a jail sentence instead of a state prison term.
