Sentence Stands for New York Man Involved in Paramus Police Shooting
By Mary K. Miraglia
HACKENSACK, N.J. (Friday, March 10, 2017) — A New York man who was part of a 4-person crew that led police on a chase when their burglary of a Paramus cell phone store spun out of control failed Friday in his attempt to have his 5-year sentence reduced to 364 days.
Josue Felix of the Bronx, 23, appealed his sentence, and was before Judge Margaret M. Foti Friday, March 10 for “sentencing reconsideration.”
Felix was convicted at trial and sentenced to five years in state prison. Defense attorney Vincent Basile of Hackensack pointed out Felix has already served his time. The case was returned to Bergen County because the state Appellate panel said a sentencing factor was improperly considered, resulting in “double counting.”
Aggravating factor 7, an element that counts against a defendant for sentencing purposes, is a “paid for offense or pecuniary incentive,” meaning the defendant had a financial motive for committing the crime.
There are 13 mitigating, or favorable Yarbrough factors and 13 aggravating or negative factors that judges must consider when deciding how long a sentence will be within specified ranges, for example, 5 – 10 years.
Basile was not satisfied to have just the Yarbrough factor before the judge. He made an appeal for sentence reduction because, he said, Felix would be in a much better position for immigration status with a sentence on paper of less than a year.
‘If eliminating factor 7, that tips the balance in favor of Mr. Felix,” he said. “He received a sentence greater than the other two defendants.
“If your honor could consider changing from the state prison sentence to 364 days in the Bergen County Jail, it would be very helpful to Mr. Felix.”
Basile said Felix has completed eligibility for parole, has been released from prison, and is here legally. He has no other felony convictions.
Foti, however, didn’t agree with Basile’s argument. She complied with the Appellate directive to remove factor 7, but upheld the five year sentence. She noted that Felix was convicted on five felony counts and has a criminal history in New York that includes felony possession of burglary tools, as well as a pending case New York case at the time of sentence.
“I am going to remove factor 7, but at the same time I find that he is a risk of committing another offense. I will again find factor 5 — the defendants were part of a conspiracy to burglarize stores. He also participated in burglaries in New York retail stores. And I do find aggravating factor 9, the need to deter this and other defendants from these crimes.
“The aggravating factors substantially outweigh the mitigating factors, so I reaffirm my sentence of Mr. Josue Felix. I will not change or amend the 5-year sentence, it stands.”
Felix, his brother Hector and cousins Nico Vega and Miguel Reyes, planned to rob a T-Mobile store on Route 4 West in Paramus in October, 2014 by breaking into Jennifer Convertibles and going through the wall into the adjacent store.
Their plans were doubly foiled. They didn’t realize there was an empty store between Jennifer Convertibles and T-Mobile, and then they alerted police by triggering an alarm. When Paramus police responded the men jumped into a Kia and fled onto Route 4 West. From here, there are conflicting accounts but there is no doubt Reyes, the driver, was shot three times by Paramus Police Officer Connor Nutland, who was on the hood of the getaway car.
Police say Nutland was hit by the Kia behind the stores, Reyes driving, and thrown onto the hood of the car where he fired through the windshield to stop them. A wrongful death lawsuit Reyes’ family filed last October contends Nutland leaped onto his own vehicle when the getaway car struck the cruiser’s bumper, and from there deliberately jumped onto the getaway Kia where the fatal shots were fired.
Reyes, 20, was struck by three of 13 bullets. He was taken to Hackensack University Medical Center where he died a short time later.
The Bergen County Prosecutor ruled the shooting was justified.
Felix, his brother and Vega were originally all charged with armed burglary, conspiracy to commit armed burglary, weapon possession and resisting arrest.
