Associate Judge David A. Wiseman imposed a five-year imprisonment on 27-year-old Nickson Gary Hartman for his 2005 cases of burglary, criminal mischief and escape.
He is also sentenced to a one-year jail term for each of the theft, assault and battery, and resisting arrest charges.
The sentences for the three counts will run consecutively but the sentences for the 2005 and the new case will run concurrently.
Hartman will receive credit for 186 days already served in jail.
He was remanded to the Department of Corrections and will be released on March 1, 2013 to federal immigration officials for deportation pursuant to the stipulated order of deportation.
Hartman entered into a plea agreement with the commonwealth on Sept. 2, 2008. He was represented by Assistant Public Defender Douglas Hartig while the government was represented by Assistant Attorney General Rebecca M. Warfield.
Hartman pleaded guilty to theft, assault and battery, and resisting arrest. In return, the commonwealth agreed to dismiss the assault with a dangerous weapon charge.
According to the affidavit filed in court by Detective George F. David, an employee of Dolphin Wholesale Store reported a theft incident at about 6:01 p.m. on Feb. 29, 2008.
David said the store employee saw the defendant, who appeared to be drunk walking toward the liquor rack.
The employee said he saw the defendant take a bottle of Tanduay Rum and placed it inside his pants.
When the defendant tried to walk out the door, the cashier and the store employee confronted him but the defendant ran away.
They chased the defendant who ran toward San Jose Church but they lost sight of him.
Police Officer Catherine Pangelinan who responded to the scene found the defendant in one of the stalls of the men’s restroom at Morgen Building.
When ordered to get out of the stall, the defendant pushed Pangelinan and tried to run away.
The affidavit stated that Pangelinan struggled with the defendant but he struck her face with the rum bottle.
Other police officers arrived and arrested the defendant.
According to the prosecution, Hartman entered the vehicle of Robert John George and Elizabeth Barton George on Nov. 6, 2005 with the purpose of committing theft.
He took a pair of sunglasses worth $10. He was also charged with breaking the window of the couple’s house and taking some of their property.
Hartman was likewise charged with entering the vehicle of Jacob I. Benavente with the purpose of committing theft, and stealing one baseball cap and assorted CD’s.
On the same day, the prosecution stated, Hartman attempted to enter the building occupied by Eileen O. Pellegrino with the purpose of committing theft.
On Nov. 7, 2005, Hartman escaped from custody as a prisoner, for which he was charged with the offense of escaping.
The commonwealth then filed a motion to revoke probation and the defendant was sentenced to a 10-year jail term for burglary, all suspended except for 97 days with credit for time served; one year for criminal mischief; and three years for escape, all suspended.
