Judge said she accepted sentence because it was within state sentencing guidelines.
SPRINGFIELD – Two men pleaded guilty Wednesday to beating a man with a hard object in Holyoke to collect a $2,000 loan.
Hampden Superior Court Judge Bertha D. Josephson accepted the agreement between prosecution and defense that gives the two men suspended jail sentences and probation.
Assistant District Attorney Matthew J. Shea said William Fiore, 22, of Wilbraham, drove a truck up to the victim, touching him with it and causing him to fall and hit his head on a fire hydrant.
Pedro Berrios, 39, of Springfield, was the passenger in the truck and the person who had lent $2,000 to the victim, Shea said.
Shea said Fiore got on top of the victim and was hitting him, and both Fiore and Berrios were beating him with a brick or other hard object they found on the ground.
Daniel D. Kelly, Berrios’ lawyer, said although his client’s record is five pages long and he had a lot of arraignments, Berrios’ convictions were “few and far between.”
Vincent A. Bongiorni, Fiore’s lawyer, said his client has no criminal record and has learning disabilities that have caused him to bond with people who treat him as a peer, as Berrios did.
Shea said Fiore was the “muscle” in the loan collection attempt, but Bongiorni said “nothing could be further from the truth.” He said Fiore, who has a pacemaker for heart defects, went to Holyoke out of loyalty to Berrios.
Josephson said she would accept the plea agreements because they were within state sentencing guidelines.
Both men pleaded guilty to two counts of assault and battery with a dangerous weapon (the truck and the hard object) and one count of assault and battery to collect a loan.
Fiore was sentenced to two years to the Hampden County Correctional Center in Ludlow on the loan collection assault, but that sentence was suspended with two years probation. On the other two charges he got two years to the jail, but that sentence was also suspended with two years probation.
Berrios was sentenced to two years probation on the assault and batteries and on the loan collection assault he was sentenced to two years to the Ludlow jail with that sentence suspended with two years probation.
Shea said the 37-year-old victim has an unrelated cocaine trafficking case pending against him.
Shea said Berrios and Fiore previous to their guilty pleas reached a settlement with the victim in which they gave him $15,000 cash and the motorcycle he had given Berrios as collateral. The victim doesn’t want the two men to go to jail, Shea said.
Josephson asked Shea if it was troubling to him that the two defendants had contact with the victim and paid him money.
Shea said the prosecution did not take the private agreement between victim and defendants into consideration when it reached the agreement in the criminal case.
“There was no quid pro quo,” he said. The victim was going to testify if it went to trial.