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8 years added to Justice's sentence Killer of 4 is ruled as parole violator

John D. Justice spent 20 years in prison after killing his parents, brother and neighbor in 1985.

Now, Justice is back behind bars and will stay there for eight more years.

Justice was ordered to serve out the remaining eight years of his prison term for violating conditions of his parole while living in a Buffalo halfway house, the state Division of Parole has ruled.

The ruling will be appealed, said Barry S. Dolgoff, Justice's attorney.

"Naturally, he was dissatisfied with the decision," Dolgoff said.

Justice was still a teenager Sept. 16, 1985, when he stabbed his parents, Mary and John W., and his younger brother, Mark, to death in the family's Mang Avenue home in Kenmore, then caused a two-car crash that killed Wayne Haun.

Justice, now 39, was convicted of first- and second-degree manslaughter for the deaths of his mother and Haun, but an earlier jury found him not guilty by reason of insanity in the murders of his father and brother.

He was paroled in September 2005 to Grace House on Bailey Avenue, a halfway house where he had been sent for post-prison counseling. Justice was arrested in August 2006, when he was accused of threatening Grace House staff.

Since then, he has been in custody in the Erie County Holding Center awaiting his parole hearing, which was held over the course of six days in May and June.

An administrative law judge ruled June 20 that Justice should return to prison for the maximum of his term, which ends in September 2015, a decision affirmed June 28 by a member of the state Parole Board, said Mark Johnson, a spokesman for the Division of Parole.

Dolgoff was notified of the decision last week.

"I don't believe what was presented [at the hearing] was a true reflection of what happened," Dolgoff said.

Justice has since been transferred to Wende Correctional Facility, Dolgoff said.

Dolgoff disclosed the results of the parole hearing Monday outside State Supreme Court, where Justice was in court on a related matter.

Dolgoff on Monday argued before State Supreme Court Justice Russell P. Buscaglia that Justice was not receiving the help and treatment he needed living among other parolees in the halfway house.

"That's not the proper way to integrate someone back into society," Dolgoff said. "He was supposed to be supervised [by the state Office of Mental Health and Division of Parole], and he wasn't getting the assistance he needed."

Buscaglia disagreed.

The hearing Monday was closed to the media, but the courtroom was reopened when Buscaglia made his ruling.

"I don't find that they have failed to provide any of their obligations," Buscaglia said. "I'm satisfied they have complied with those order of conditions."

Dolgoff said he will appeal Buscaglia's ruling, as well.


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