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Jan 9, 2013 10:00 AMPublication: The Southampton Press

Ixpec-Chitay Sentencing Pushed To January 24

Jan 9, 2013 11:05 AM

Sentencing in the federal conviction of the brother of a fugitive suspected of driving an SUV that struck and killed a nun in Water Mill in July—originally set for Tuesday, January 8—was pushed back to Thursday, January 24, because the parties involved differ over how much time he should serve.

Miguel Ixpec-Chitay, 26, of Riverhead, was convicted on December 19 of lying to federal authorities about phone conversations between him and his brother, Carlos Armando Ixpec-Chitay, 30, after a crash that killed Sister Jacqueline Walsh, a Roman Catholic nun 
walking along Rose Hill Road near her retreat house on July 9. Authorities believe Carlos 
Ixpec-Chitay was behind the wheel of the SUV and that he fled the country following the crash.

The federal Probation Department recommended a sentence of 21 to 27 months in prison, according to prosecutor Lara Treinis Gatz, but defense attorney Leonard Lato objected to the department’s pre-sentence investigation report, calling for no more than six months of imprisonment.

In a Tuesday letter to Judge Denis R. Hurley. Mr. Lato also disputed the federal government’s fine range of $5,000 to $50,000, saying it should actually be $500 to $5,000. He also argued that his client was eligible for probation, contrary to the government’s finding.

On Sunday, Mr. Lato wrote to the judge requesting the court impose a sentence of time already served, no fine and no period of supervised release.

Miguel Ixpec-Chitay actually had been ordered to be deported following a 2007 arrest for being in the country illegally, but a judge stopped the deportation proceedings, saying 
that the government could not prove he was not legally in the country. The case has not 
been resolved, according to Ms. Gatz.

Carlos Ixpec-Chitay remains at large, and authorities have said they suspect he may have fled to his native Guatemala. Miguel Ixpec-Chitay remains held at the Queens Detention Facility in Jamaica, Queens, where he has been incarcerated since his September 13 arrest.

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Eleven day delay for releasing driver's name and photo is suspect.

Today marks the sixth month since Sister Walsh was mowed down and left to die on the side of the road.

See earlier articles linked above.
By PBR (4956), Southampton on Jan 9, 13 2:18 PM
2 members liked this comment
Tomorrow will mark the 28th week since Sister Walsh was mowed down and abandoned to die.

Were favors done for the vehicle's owner in the investigation, including waiting 11 days to release the driver's name and photo?
By PBR (4956), Southampton on Jan 20, 13 2:30 PM
The recent silence from the authorities has been deafening.

Chief Pearce, this might be a good time to comment?
By PBR (4956), Southampton on Jan 20, 13 2:33 PM
Now it's official -- 28 weeks and counting.

Favors done for vehicle owner?

Rest in Peace, Sister Walsh.
By PBR (4956), Southampton on Jan 21, 13 1:11 PM
Is the sentencing till on for tomorrow?

This stalled investigation is now in its 29th week.

No further comment needed.
By PBR (4956), Southampton on Jan 23, 13 7:43 AM
New article out. Sentencing delayed another week.

Rest in Peace, Sister Walsh.
By PBR (4956), Southampton on Jan 24, 13 5:37 PM
http://www.27east.com/news/article.cfm/East-End/451506/Sentencing-Delayed-Again-For-Brother-Of-Man-Police-Say-Killed-Nun-In-Hit-And-Run

By PBR (4956), Southampton on Jan 24, 13 5:38 PM