Sentencing of ex-detention guard delayed again

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Posted on Feb 19 2012
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The scheduled sentencing on Friday of Tyron Farley Reyes Fitial, a former detention guard who pleaded guilty to enticing a minor girl offense, did not push through as the federal reset the hearing.

U.S. District Court for the NMI Chief Judge Ramona V. Manglona vacated Friday’s sentencing of Fitial and reset the sentencing on March 23, 2012 at 1:30pm.

Manglona set the new sentencing date after attorney Michael Evangelista, counsel for Fitial, requested on Wednesday for continuance of the sentencing as he (Evangelista) was at the time in a jury trial in the Superior Court.

Evangelista said he has spoken with assistant U.S. attorney Clyde Lemons who does not oppose his request.

Manglona postponed the Oct. 11, 2011 sentencing of Fitial due to the defendant’s objections to the pre-sentence investigation report.

Manglona set the new sentencing date for Nov. 30, 2011 at 9am. But this was postponed again for some reasons.

Last Sept. 1, Manglona also granted Fitial’s request to postpone his Sept. 13, 2011 sentencing. The judge then set the sentencing for Oct. 11, 2011.

Fitial’s original sentencing date was July 21, 2011. The court re-set the sentencing to Sept. 13, 2011 after the U.S. Probation asked for the delay in order to complete the pre-sentence investigation report.

Fitial, a former detention guard at the Juvenile Detention Unit, pleaded guilty last April 19 to enticing a minor, but not the actual sexual penetration.

Assistant U.S. Attorney James Benedetto said between October 2009 and February 2010, Fitial, who was then a guard at the Juvenile Detention Unit, made telephone calls to a residence, during which one or more of these calls Fitial had a conversation of a sexual nature with a female 13 to 14 years old.

Benedetto said it was Fitial’s intent to get the girl to meet with him and that she indicated her willingness to meet him.

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