William Allegro - New Jersey#857916B/417618
State: New Jersey
Sentence: 50 years (eligible for parole after 16 years, 8 months)
Offense: Maintaining a drug production facility; possession of marijuana with intent to distribute
Court: Monmouth County
Priors: See below
Date of Sentencing: 3/8/01
Date of Birth: 4/07/68
Projected Release Date: 12/24/2016 (parole eligibility date)
Nature of Offense: On the morning of February 21, 1999, a fire erupted in a garage apartment in Bradley Beach, New Jersey that was alleged to be William’s (he had moved out six months earlier). Firemen extinguished the blaze and entered the apartment to check for “hot spots” (burning embers). Accompanying them were a police officer, a fire marshal, and a fire investigator to determine the cause of the fire. They discovered florescent lights, pumps, fans, and plants they believed were marijuana. Everything was confiscated, and they concluded an overloaded electrical outlet caused the fire. Around this time, a volunteer fireman reentered the apartment to search for an alleged misplaced axe and discovered a plastic container among glass debris and the resident’s personal belongings. The fireman opened the container and found marijuana inside. After he radioed for police assistance, the fireman opened a second container of marijuana. Police officers arrived and confiscated the marijuana, totaling 19 pounds. William fled New Jersey for four months before he was arrested in North Carolina with $31,000 in cash. Before his trial, the judge suppressed the 11 pounds of marijuana found in the second container, ruling that the firefighter should not have opened the second storage container when they discovered marijuana in the first. Despite the suppressed evidence, William was sentenced to 50 years for Maintaining a Drug Facility and a concurrent nine years for Possession of Marijuana with Intent to Distribute.
Judge’s Statement: At sentencing, the Honorable Paul F. Chaiet said, “In this Court’s view, the sentencing process goes awry in this case … I’ve been a judge for twelve years and a prosecutor for fourteen years. And the penalty in this case under the mandatory extended term is simply too severe. It does not fit the crime.” Judge Chaiet would also say, “Mandatory sentencing provisions can create difficult results. In the court’s view, this is one of those times where the ultimate results are difficult to accept.”
Nature of Priors: On 10/1/93 William was sentenced to four years with one year of parole ineligibility for possession of about two-thirds of a pound of marijuana in a school zone with intent to distribute. William has a significant juvenile record and in 1985 received a two-year juvenile sentence. He also has two municipal convictions, one occurring after the date of this offense.
Guideline Sentence: William must serve 16 years, 8 months before he is eligible for parole. Without New Jersey’s sentencing laws for repeat drug offenders, William would have been sentenced to 18 years with a seven year period of parole ineligibility.
Personal Background: William has performed construction work for several years prior to his arrest and had his own construction business. He earned his G.E.D in 1985.
Complied from inmate appeals, sentencing transcript, and inmate information.
JC 3/3/05