NEWARK — Hugo Fierro was off-duty celebrating his anniversary with his wife when the former Newark police officer came across a man who appeared to be intoxicated lying on the sidewalk.
He bent down to
assist him when another man approached, according to court testimony. Then, in
a confusing sequence of events Fierro went from aide to assailant, striking the
man who approached with his weapon, prosecutors say.
Fierro, 46, was
sentenced to five years in prison today following a trial in February in which
he was convicted of second-degree official misconduct third-degree aggravated
assault and a disorderly persons offense. The second-degree charge carries a
mandatory minimum prison term of five years.
Today Fierro's
defense attorney Anthony Fusco pleaded for leniency, despite state statutes
that say downgraded prison terms should only exist in "extraordinary
circumstances."
"Do we want
to put someone away for all these years for what amounts to a disorderly
persons offense?" Fusco asked the court. "From the bottom of my heart
this is not a five year offense. This conduct does not warrant five
years."
Fierro was
initially offered a plea that would have involved resigning from his job and a
$250 fine. He didn't take it.
"He felt he
did what he was supposed to do that night," Fraternal Order of Police
president James Stewart said outside of the courthouse. "And his lifelong
dream was to be a cop. He didn't want to give up the job."
Fierro did not
report the May 8, 2011 incident that occurred at 150 Bloomfield Ave. The victim
went to police headquarters hours later to tell them he'd been assaulted.
During the trial
the jury saw surveillance footage of the assault, though it's unclear whether
Fierro struck the victim in the face or the extent of injuries. There were no
medical records presented at trial.
Fierro, small in
stature with thick-framed glasses, apologized to the victim and thanked his
family and friends for their support. He said that night his "police
nature took over."
Assistant
Prosecutor Peter Polidoro said Fierro breached the public trust and must be
held accountable to the higher penalties set for public employees.
Judge Peter Ryan
sentenced Fierro in accordance with the statute as family members wept quietly
in the courtroom.
"Inevitably,
the people that were really hurt in this situation were the families,"
Ryan said.