Manglona sets 97-day prison term on burglar who escaped from jail

The Superior Court yesterday imposed a 97-day prison term on a man who burglarized a vehicle and escaped from jail.

Associate Judge Ramona V. Manglona sentenced Nixon Gary Hartmen to 10 years in prison, all suspended except 97 days for burglary.

Manglona also sentenced the 24-year-old Hartmen to one year in prison, all suspended except 97 days for criminal mischief. She also sentenced him to three years in prison, all suspended except 96 days, for escaping.

The defendant was given credit for the 96 days he has already served in jail.

Manglona said the sentences shall run concurrently. This means that the defendant was released yesterday.

The judge placed the defendant on five years probation and required him to pay $100 in court assessment fee and $100 in annual probation fee.

Hartmen was required to perform 120 hours of community work service. He was ordered to write a letter of apology to Mr. and Mrs. Robert and Elizabeth George, Jacob I. Benavente, and Eileen O. Pellegrino.

No restitution was required as the items stolen were recovered and returned. The victims also fixed the damage to their property.

Hartmen is prohibited from consuming any alcoholic beverages during his probation. He was ordered to submit to counseling evaluation at the Community Guidance Center.

“You are a new visitor to our Commonwealth. I hope it will be your last encounter with the criminal justice system,” the judge told the defendant, who is a citizen of the Federated States of Micronesia.

The Attorney General’s Office charged the defendant with two counts of burglary, two counts of theft, one count of criminal mischief, one count of attempted burglary, and one count of escape.

The defendant and his lawyer, assistant public defender Adam Hardwicke, entered into a plea agreement with the government represented by assistant attorney general Wil Bierman.

Hartmen pleaded guilty to burglary, criminal mischief, and escape. The remaining charges were dismissed.

The factual basis of the agreement stated that on Nov. 6, 2005, the defendant entered into a vehicle belonging to Mr.and Mrs. Robert and Elizabeth George. He then stole a pair of sunglasses belonging to Mrs. George.

The defendant also damaged the window of the George couple’s house.

On Nov. 7, 2005, while under police’s custody for the burglary, the defendant escaped by leaving the Department of Corrections’ detention facility in Susupe.

He was recaptured later near the vacant Wendy’s Building along Beach Road. It was not mentioned how he managed to escape.

Police said that on Nov. 6, 2005 Hartmen stole a baseball cap and assorted CDs belonging to Benavente. The defendant on that day also allegedly attempted to burglarize the house of Pellegrino.