March 20, 2014 at 7:39 p.m.
Deportation likely for defendant in meth case
Deportation likely for defendant in meth case
By Kyle Rogers-kyle@rivernewsonline.com
Prompting the resolution was the fact that Jacinto, 29, will likely soon be deported by U.S. Immigration and Customs Enforcement (ICE).
"My understanding is that deportation action will be taken in the very near future, which is the basis of the recommendation," Oneida County Assistant District Attorney Steve Michlig explained to the court.
The joint recommendation of Michlig and Jacinto's attorney, Mary Hogan, was for a sentence of 120 days in the county jail, the idea being to keep Jacinto in jail until ICE officials are able to pick him up. As of Thursday, Jacinto has spent 90 days in custody since his arrest, so the sentencing recommendation would have meant another 30 days in jail.
Reserve Judge Robert Kinney followed the recommendation but lengthened the jail sentence to ensure Jacinto remains in custody for ICE officials. He ordered a six-month jail sentence.
"Even with good time and the 90 days of credit that gives another month and a half for the ICE to be able to pick him up," Kinney said.
He said the ICE will be able to take Jacinto into custody immediately, even if that occurs before the jail sentence lapses.
Jacinto was arrested in December on allegations that he sold meth to Randy Zadnik, 45, at Zadnik's Brick Oven Bistro on Brown Street. The transaction allegedly occurred on Dec. 11 in the kitchen of the restaurant, according to the criminal complaint. An investigation started when a person close to Zadnik contacted law enforcement and expressed concern about his welfare.
Jacinto was initially charged with delivery of methamphetamine, a class F felony. As part of Thursday's resolution, Jacinto entered a no contest plea to a reduced charge of possession of methamphetamine, a class I felony.
The case against Zadnik is still pending. He is scheduled for a preliminary hearing March 26.
Kyle Rogers may be reached at kyle@rivernewsonline.com.
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