<\/p>\n
The Manistee County Courthouse and Government Center is located at 415 Third St. in Manistee.<\/p>\n
News Advocate\/File Photo<\/p>\n
A Venezuelan citizen who was a driver in an attempted ATM theft in Filer Township<\/a> was sentenced in court Monday and is expected to be deported.\u00a0<\/p>\n Gerald\u00a0Alessandro Rodriguez Pereira, 21, appeared in front of Manistee County\u2019s 19th Circuit Court Judge David Thompson.\u00a0<\/p>\n Article continues below this ad<\/p>\n Rodriguez\u00a0Pereira was sentenced to six months in jail for two counts of attempted safe breaking. He was given credit for 143 days served.<\/p>\n Attempted safe breaking is a five-year felony. However, with legislative guidelines scored at zero to nine months in his case, it was presumed that he would not serve time in jail.\u00a0<\/p>\n On April 20, Rodriguez\u00a0Pereira pleaded guilty to two counts of attempted safe breaking. In exchange for his pleas, the prosecutor agreed to dismiss two counts of safe breaking and one count of conspiring to commit safe breaking.<\/p>\n He is one of two charged after the Manistee County Sheriff\u2019s Office investigated a Jan. 16 incident<\/a> reported at the 4Front Credit Union when an ATM alarm was activated in Filer Township.<\/p>\n Article continues below this ad<\/p>\n Thompson said it was believed that Rodriguez\u00a0Pereira and his codefendant Jean Carlos Ramirez-Solano were \u201cbeing used or manipulated by other individuals that have not been apprehended.\u201d<\/p>\n Rodriguez\u00a0Pereira\u2019s attorney described Rodriguez Pereira as a \u201cgood kid\u201d who had been doing well in school as an \u201cexemplary honor student.\u201d\u00a0<\/p>\n An academic mentor, a teacher and youth program director each wrote letters on behalf of Rodriguez\u00a0Pereira describing him as an outstanding student and young man.<\/p>\n Article continues below this ad<\/p>\n \u201cBut for Gerald being from Venezuela, this would be a different outcome,\u201d defense attorney Jesse Williams said. \u201cIf he was a U.S. citizen, he could have potentially avoided this conviction with a Holmes Youthful Trainee assignment.\u201d<\/p>\n The Holmes Youthful Trainee Act applies to some cases where a person between ages of 17 and 24 is facing criminal offenses and can be relieved of a public criminal record if they follow court orders.<\/p>\n \u201cIt appears the federal government is prepared, ready, willing and able to return you to Venezuela,\u201d Thompson said. \u201cFor that reason, it does not appear just or proportionate to extend your stay in the Manistee County Jail or in Michigan Department of Corrections.\u201d<\/p>\n Rodriguez\u00a0Pereira has no prior criminal record since arriving in the U.S. in 2023.<\/p>\n Article continues below this ad<\/p>\n Williams said that because of the immigration hold from Immigration and Customs Enforcement, probation wasn\u2019t an option for Rodriguez\u00a0Pereira and he was facing deportation.\u00a0\u00a0<\/p>\n When given a chance to address the court prior to sentencing, Rodriguez\u00a0Pereira spoke through a translator saying he assumed responsibility for his actions and asked for clemency to be able to stay in the U.S.\u00a0<\/p>\n Thompson and Williams explained to Rodriguez\u00a0Pereira that the circuit court did not have the authority to control whether he was deported or not.<\/p>\n \u201cI hope if and when you return to Venezuela\u00a0that you continue to demonstrate character traits that these three individuals (who wrote supportive letters) have observed in you and find a way not to be manipulated and\/or used or engage yourself in further criminal behavior,\u201d Thompson said to Rodriguez\u00a0Pereira.<\/p>\n Article continues below this ad<\/p>\n He was ordered to pay a $130 crime victim assessment, $136 in state costs and a $60-DNA testing fee. He was also ordered to pay $821.66 with Ramirez-Solano.<\/p>\n<\/p>\n
<\/a>
<\/a><\/p>\n