A former New Jersey Transit worker who tricked customers into buying fake tickets so he could steal cash and later prevented jail time can be re-sentenced after prosecutors argued his punishment was too mild, a state appeals courtroom dominated Tuesday.
Prosecutors challenged John A. Davey’s sentence of a pair of concurrent phrases of 5 years of probation following his 2018 conviction for third-degree costs of official misconduct and theft. On Tuesday, a state appeals courtroom remanded Davey’s case for re-sentencing in Essex County inside 30 days.
Davey was arrested in Could 2017 after authorities stated he positioned indicators studying “no money” on the ticket merchandising machines on the New Brunswick prepare station, and promoting cash-paying clients solid tickets after they got here to the ticket counter.
Davey, of East Brunswick, was sentenced on Sept. 21, 2018 following his Could 2017 arrest. In pleading responsible, he agreed forfeit his job, which he held for 29 years, in addition to his pension.
The state is interesting solely on the official misconduct sentence, arguing that the Superior Courtroom decide shouldn’t have granted Davey a waiver that exempted him from jail time.
Prosecutors stated, “the sentencing courtroom erred by granting defendant’s movement to waive the necessary parole ineligibility interval required (legislation) and sentencing defendant to probation.”
It added that Davey fell “wanting clearing” the “excessive bar imposed for a waiver.”
Davey efficiently argued for a waiver at his sentencing based mostly on his lack of legal file and his competition that if he went to jail, it will create an pointless hardship for his spouse and kids. His spouse is disabled and his kids additionally endure from bodily illnesses, in response to courtroom papers.