Ex-DPW official asks to be sentenced to home confinement

A former Department of Public Works building code inspector who pleaded guilty to extorting money from a local business owner has asked the federal court to give him a 10-month home confinement sentence.

Thomas S. Salas, through counsel David G. Banes, said the court should sentence him to 10 months of home confinement, given that he is an excellent candidate for rehabilitation.

Citing that Salas led a crime-free life for almost nine years since his prior conviction on a misdemeanor, Banes said the court should consider this an important factor in deciding Salas’ sentence.

If the court wishes to follow the sentencing guidelines, which are not mandatory, Banes said that Salas asks the court to impose a sentence of a five-month prison term and five-month home confinement.

Banes said that Salas has admitted to this crime and accepted responsibility for his actions. He said the court should consider that Salas is a devoted father of his children and fully cooperated with the U.S. government as to how the crime was committed and also to his knowledge about many other crimes.

He noted that Salas not only cooperated but never violated any conditions of his release during almost one year of pretrial supervision.

“The court should also consider Tom’s lack of drug or alcohol abuse, that he wants to pursue his education and is in a stable relationship,” Banes said.

In the U.S. government’s sentencing memorandum filed yesterday in court, assistant U.S. attorney Eric O’Malley recommended that Salas be made to serve at least half of whatever sentence is imposed by incarceration as opposed to home confinement.

“Nonetheless, per the plea agreement, the government recommends a sentence of incarceration and fine at the lowest end of whatever [sentencing guidelines] range is determined by the court,” O’Malley said.

The government, O’Malley said, will provide additional recommendations regarding community service and supervised release at the sentencing hearing.

Chief Judge Ramona V. Manglona will hold Salas’ sentencing on Tuesday, Aug. 30 at 10am.

O’Malley acknowledged that Salas accepted responsibility early, and has complied with the terms of his release. He noted that the defendant provided information regarding other prospective matters.

Although there are several factors that weigh in favor of leniency, from the government’s view, the most important sentencing factor to be considered in this case is “to afford adequate deterrence to criminal conduct,” O’Malley said.

“Graft at any level of government inevitably degrades trust in the system itself. If members of the public do not trust the system, they will be less likely to abide its structures, thus perpetuating a destructive cycle,” he added.

O’Malley said the community in which Salas committed his crime now suffers from such a cycle. “Only strict accountability can interrupt this cycle.”

The FBI arrested Salas on Sept. 7, 2010, after he extorted a total of $200 cash from a businessman.

According to the indictment, Salas used his position with the DPW to demand bribes from the owner of a printing press in exchange for not imposing building code violation fines.

In May 2011, Salas pleaded guilty to the crime of extortion under color of official right, which carries a maximum penalty of 20 years in prison and a $250,000 fine.