NY Judge Imposes Sentence With a Military Hitch

New York Lawyer
January 30, 2006

By The Associated Press

LOCKPORT, N.Y. -- Michael Guerra was given a conditional discharge after pleading guilty to roughing up a woman. The condition was that he join the Army.

A Niagara County judge gave the 20-year-old Niagara Falls man 30 days to enlist in the military at his sentencing on a misdemeanor charge of contempt of court last week. If not, he could be rearrested and resentenced to up to a year in jail.

Judge Sara Sheldon Sperrazza imposed the sentence after Guerra's attorney said his client had been to a recruiter and wanted to join the Army but would not be able to if he was on probation.

"While that's going on, the court still has some control over you. (The Army) wants all of you," Assistant Public Defender Matthew Pynnn said.

Guerra pleaded guilty Aug. 5 after being arrested for allegedly shoving a woman against a wall and kneeing her in the stomach in October 2004. The victim was a friend of Guerra's girlfriend. Authorities said Guerra was trying to assault his girlfriend and the other woman was trying to shield her when she was attacked.

Prosecutor Caroline Wojtaszek was doubtful Guerra would follow through and join the Army, noting he had been late for every court appearance.

"I don't know if he's Army material, but maybe they're the only ones who can whip him into shape," Wojtaszek said.

Guerra could not be reached for comment. His attorney said he does not have a telephone.