Man gets 1 year for beating up elderly man in robbery

Superior Court Associate Judge Joseph N. Camacho yesterday slapped a one-year prison term on Joshua Basaliso, one of the two suspects in the beating and robbing of a 65-year-old masseur.

“There can be no justice without appropriate punishment,” said Camacho in rejecting the prosecution’s and defense counsel’s recommendation for a four-month prison term that Basaliso has already served in jail.

The 20-year-old Basaliso was ordered to serve the maximum sentence of a year in prison, with credit for the time served. He will start serving the rest of his sentence no later than April 21, 2012. He will not be eligible for parole or early release.

Basaliso was also required to pay the maximum fine of $1,000, plus restitution to the victim.

The Office of the Attorney General had charged Basaliso with assault and battery, robbery, conspiracy to commit robbery, and disturbing the peace. Basaliso agreed to plead guilty to assault and battery as part of a plea deal. The rest of the charges were dropped. He was represented by counsel Antonio M. Atalig.

Assistant attorney general Eileen Wisor and Atalig had both recommended a sentence of one year in prison, all suspended except for four months with credit for time served and a fine of $100.

Camacho rejected this, saying this would mean that Basaliso will no longer serve another day in prison “for this heinous crime.”

Camacho pointed out that Basaliso admitted beating up the elderly victim, who posed no threat to him whatsoever. “[Basaliso] continued punching the old man even after he fell to the ground, badly injured,” the judge noted.

Camacho also rejected the government’s first plea agreement with Basaliso. That first plea deal attempted to dispose of a robbery charge and a conspiracy to commit robbery charge, both of which carry a maximum sentence of 10 years, with a three-month sentence.

Camacho said he believes imposing a time-served sentence in this case will not give a good message to the community.

Basaliso testified for the government in the trial of his cousin and co-defendant, Nestor Taitano. He admitted beating up and taking the wallet of Chinese national Guoxi Liang in San Antonio on April 2, 2011. Taitano was acquitted and released from jail.