February 4, 200620 yr Judge offers a choice: Join the Army or go to jail LOCKPORT, N.Y. (AP) — A judge offered a 20-year-old man facing sentencing an unusual choice: Enlist in the Army or go to jail for up to a year. Michael Guerra, 20, had pleaded guilty to second-degree criminal contempt, a misdemeanor, after he was accused of violating an order of protection. At a hearing last week, his attorney told Judge Sara Sheldon Sperrazza that Guerra wanted to join the Army but couldn't if he was on probation. The judge offered Guerra the chance to follow through, but warned that if he didn't enlist within 30 days he would be arrested and sentenced to jail. Prosecutor Caroline Wojtaszek was doubtful Guerra would actually enlist but said, "maybe they're the only ones who can whip him into shape." A judge can't order someone to join the Army, but she can decline to impose a sentence if conditions are met, said Guerra's attorney, Matthew P. Pynn. "We do that with misdemeanors all the time," he said. Guerra had been accused of shoving his girlfriend's friend against a wall and kneeing her in the stomach. Authorities said he was trying to assault his girlfriend and her friend tried to shield her. Guerra could not be reached for comment. His attorney said he does not have a telephone. linkery
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