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Jan 24, 2013 5:12 PMPublication: The East Hampton Press

Sentencing Delayed Again For Brother Of Man Police Say Killed Nun In Hit-And-Run

Jan 29, 2013 2:12 PM

A judge for a second time delayed sentencing of the brother of a fugitive suspected of driving an SUV that struck and killed a nun in Water Mill in July, to take more time to review case material, the prosecution said.

Miguel Ixpec-Chitay, 26, of Riverhead, who was most recently expected to be sentenced on Thursday, January 24, will now face sentencing a week later, on Thursday, January 31, at 11 a.m. before Judge Denis R. Hurley in federal court in Central Islip.

Mr. Ixpec-Chitay was found guilty last month of lying to federal officers who were searching for his brother, Carlos Armando Ixpec-Chitay, 30, who has eluded law enforcement for more than six months. Authorities say they believe the elder brother may have fled to his native Guatemala via California following a July 9 crash that killed Sister Jacqueline Walsh. The Roman Catholic nun of Syosset, who was 59 years old, was walking along Rose Hill Road near her retreat house that evening when she was struck and killed instantly, police said. Police believe Carlos Ixpec-Chitay was driving the SUV.

Miguel Ixpec-Chitay was convicted of a single felony count of knowingly and willfully making false, fictitious and fraudulent statements and representations in a matter within the jurisdiction of the executive branch of the government of the United States, namely Immigration and Customs Enforcement. He told the federal officers that he had not called or received a call from his fugitive brother in approximately 25 days, but was found to have made and received multiple phone calls to and from his brother on the day of the crash and the next day, according to prosecutors.

The federal Probation Department’s first report said Miguel Ixpec-Chitay’s jail sentence guideline ranged up to six months, and they recommended the full sentence. Officials then changed course and said the sentencing range should have been 21 to 27 months in prison and recommended he serve 12 months. Now, officials have reverted back to the original range and recommendation, according to prosecutor Lara Treinis Gatz, an assistant U.S. attorney.

She said the varying sentencing guidelines were a result of a legal back-and-forth. At one point, it looked as though he could have been charged as an accessory to manslaughter, she said, but since the elder Mr. Ixpec-Chitay was not charged with manslaughter, his younger brother could not be held responsible for being an accessory in that regard, she explained, adding that the probation reports themselves are sealed.

Miguel Ixpec-Chitay remains held at the Queens Detention Facility in Jamaica, Queens, where he has been incarcerated since his September 13 arrest. He is represented by attorney Leonard Lato.

Sentencing was originally set for January 8.

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Earlier articles, and there are many in this ongoing saga of death in The Hamptons, are not yet linked above. This is the most recent:

http://www.27east.com/news/article.cfm/General-Interest-Southampton/449503/Ixpec-Chitay-Sentencing-Pushed-To-January-24

Rest in Peace, Sister Walsh.
By PBR (4956), Southampton on Jan 24, 13 6:23 PM
Brotherly love, kill a nun skip to another country and leave your brother to rot in jail. The police would have the killer if he didnt help his brother, so I guess he is getting what he deserves.
By LongIslander 22 (6), hampton bays on Jan 25, 13 2:23 PM
Have you read the earlier articles?

The police, even though they knew who was driving the vehicle right away, waited 11 days to release the name and photo of the suspect.

This delay in providing information to the public had more impact on this case IMO, than did the brother's actions (the defendant here).

Did favoritism of any kind play a role in the authorities' silence for that crucial 11 days, resulting in an investigation which a Press editorial (12/13/12) labeled ...more
By PBR (4956), Southampton on Jan 25, 13 2:41 PM
Rest in Peace, Sister Walsh.

Today marks the 29th week since you were mowed down, and the authorities waited 11 days to reveal the suspect's name and photograph.
By PBR (4956), Southampton on Jan 28, 13 6:02 AM
1 member liked this comment
What proof is there that Carlos was behind the wheel? As long as he is the "alleged" driver, he is only "allegedly" guilty. I'll bet he is never heard from again.
By loading... (601), quiogue on Jan 28, 13 7:35 AM
From a previous article [link below]:

"The suspect was employed as a worker by Andrew Zaro, the owner of the Volkswagen, Town Police Detective Sergeant Lisa Costa said. Mr. Zaro, who owns a large waterfront estate on the southern tip of Rose Hill Road, told officers that his worker was involved in the crash, but Det. Sgt. Costa declined to comment on whether he was cooperating with police."

"The suspect abandoned the heavily dented SUV in a remote, residential driveway on Crescent ...more
By PBR (4956), Southampton on Jan 28, 13 12:49 PM
http://www.27east.com/news/article.cfm/Water-Mill/431607/Suspect-In-Fatal-Water-Mill-Hit-and-Run-Remains-Elusive-Cops-Reveal-Where-Car-Was-Found
By PBR (4956), Southampton on Jan 28, 13 12:50 PM
Did this sentencing happen today?
By PBR (4956), Southampton on Jan 31, 13 5:39 PM
New article:

http://www.27east.com/news/article.cfm/General-Interest-Southampton/452259/Brother-Of-Fugitive-In-Hit-And-Run-Case-Sentenced-To-Time-Served-And-Released
By PBR (4956), Southampton on Feb 1, 13 2:54 PM