The man who is accused of a violent home invasion could have walked away a free man if not for the work of two local authorities.
It was described as a violent home invasion where three people entered a Jewett home on a hot July day, beating the victim and stealing his possessions.
Bryan Nicosia was originally indicted on charges of aggravated burglary and kidnapping for that alleged incident. However, all of that changed when Prosecutor Owen Beetham and Assistant Prosecutor Jeff Bruzzese took a second look at the case.
“After reviewing the evidence in this case it was clear that Mr. Nicosia was invited into the victim’s home,” said Bruzzese. “After being invited into the victim’s home, that’s when Mr. Nicosia decided to assault and steal from the victim.”
If Beetham and Bruzzese had never reviewed the case and amended the charges, Nicosia would be walking away today as a free man.
But, now Nicosia must serve 4 years in prison for his new charges of robbery, felonious assault and unlawful restraint.
“You’re hurting people, you’re hurting this community,” said Judge Shawn Hervey. “If you hurt this community, you go to prison and I expect that will be the same result wherever you go. Stop hurting people and stop hurting yourself.”
Then the judge heard from Nicosia.
“Throughout these hearing proceedings I think you’ve been very fair as you’ve taken the time to explain to me everything to make sure I understand the penalties,” said Nocsia. “For that I have nothing but the utmost respect for yourself and the courtroom.”
Nicosia was credited for the 155 days he has already served. He was ordered to never own or carry a firearm and must serve up to 5 years of post release control.