Judge says no to reducing sentence for former Lee County deputy convicted in false arrest
A Lee County judge has denied a motion seeking to reduce the sentence of a former Lee County deputy convicted of contributing to a wrongful arrest plot last year.
Court records indicate that Lee Circuit Judge Frank Porter on Monday denied the motion filed July 14 by Michael Raheb, who's represented Niko Irizarry, 26, of Cape Coral, days after the deputy's accomplice was found guilty in trial.
The motion filed on Irizarry's behalf alleged the former deputy suffers from five conditions, including abnormal liver functions, nonalcoholic fatty liver disease; and hypertensive disorder. That motion says none of the conditions require any specialized care.
In his response, the victim, a real estate agent, represented by Yale Freeman, said Irizarry failed to present evidence that the conditions can't be dealt with at the jail, and that the conditions don't set forth a basis for the modification.
Irizarry pleaded no contest on Feb. 20 to one count of official misconduct and was sentenced May 16 to 364 days in jail with credit for time served, followed by 36 months of probation.
Lee County Sheriff Carmine Marceno said he fired Irizarry on Feb. 11, 2022.
Irizarry arrested the real estate agent for drug trafficking on Dec. 15, 2021, related to fentanyl. He charged the victim with six counts related to drug possession.
A report written by Irizarry on Dec. 16, 2021, said he pulled over the victim after he failed to stop at a stop sign, nearly causing a wreck. Irizarry wrote that's when he found the narcotics in the back of the car.
Irizarry charged the victim with trafficking and possession. The victim told Irizarry he was in the area to show a home he was selling.
In early January 2022, the sheriff's office received information the arrest wasn't lawful, and authorities launched a probe with the sheriff's office's Major Crimes Task Force.
The investigation found the drugs were planted in the suspect's car.
Irizarry confessed to lying during a sworn statement, according to his arrest affidavit, and said he was offered a reward by one of the co-conspirators if he arrested the suspect.
Irizarry worked for the sheriff's correction bureau in 2018 before returning in 2020. He had no prior disciplinary action, records indicate.
Irizarry's accomplice, Charles Custodio, 38, of Bonita Springs, was found guilty Aug. 17 on the same counts as Irizarry.
Tomas Rodriguez is a Breaking/Live News Reporter for the Naples Daily News and The News-Press. You can reach Tomas at TRodriguez@gannett.com or 772-333-5501. Connect with him on Threads @tomasfrobeltran, Instagram @tomasfrobeltran, Facebook @tomasrodrigueznews and Twitter @TomasFRoBeltran.
This article originally appeared on Naples Daily News: Judge declines to modify sentence for LCSO deputy in false arrest plot
