SUPERIOR Court Associate Judge Kenneth L. Govendo has sentenced James Paul Muludy (not James Muludy Paul as earlier reported) to one-year imprisonment but all suspended except for 10 days to be served day-for-day, without parole, work release, home detention or other form of early release.
Muludy, 24, was also given five days’ credit for time already served.
Judge Govendo ordered the defendant to report to the Department of Corrections to begin his incarceration on April 10, 2023, at 8 a.m. He will be released on Saturday, at 8 a.m.
At a change of plea hearing on April 6, Muludy pled guilty to assault and battery. He was represented by court-appointed attorney Vincent Torres while Assistant Attorney General Steven Kessell appeared for the government.
In his judgment and commitment order, Judge Govendo said Muludy will pay a fine of $100 and court costs of $25.
Muludy will also be placed on supervised probation for 18 months beginning on April 15, 2023.
“The defendant shall cooperate with the Commonwealth and agree to testify truthfully if called on to testify at any hearing or trial against co-defendant, Rickson Michael Menchor [not Rickson Michael as reported earlier], related to these proceedings,” the judge said.
The Office of the Attorney General charged Menchor with assault with a dangerous weapon, assault and battery, and disturbing the peace while Muludy was charged with assault and battery, and disturbing the peace.
According to the separate complaints against the two defendants, an off-duty firefighter was hanging out with his girlfriend in a car in the Aquarius hotel parking area early Christmas morning.
His girlfriend told him that she heard a man and a woman yelling near a pavilion by the beach side.
She went near the pavilion and saw two men shoving each other. Her boyfriend who was following her with a flashlight told her to come back.
The firefighter said as he was calling his girlfriend, he heard someone say “Ha!” Both saw Menchor running toward the firefighter.
The firefighter said he threw a punch at Menchor who fell to the ground. The firefighter held Menchor to the ground, but Menchor continued to struggle with the firefighter even after he identified himself as a firefighter. Menchor, the firefighter said, punched him on the ribs once.
Then Muludy arrived and started punching the firefighter, the girlfriend told police.
The firefighter told police that he ran away from the two assailants and called 911 in the hotel lobby.
He said Menchor also threw a rock at him before the police arrived.
