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    Lazy Fed's Avatar
    Lazy Fed is offline Curmudgeon
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    Thumbs down Tampa ICE Official To Serve Probation. He should be locked up with the key thrown out

    Tampa ICE Official To Serve Probation


    ORLANDO - The former head of a Homeland Security program targeting child predators will serve no jail time for exposing himself to a teenage girl in a mall.

    No conviction will appear, either, on the record of Frank Figueroa, 49, if he successfully completes 363 days' probation. The sentence was ordered Friday by Orange County Judge Leon B. Cheek III, who granted a defense request to withhold judgment.

    Cheek noted that Figueroa faced a similar charge 29 years ago and expressed concern about a pattern of behavior.

    As part of his probation, Figueroa, the former agent in charge of the Tampa office of U.S. Immigration and Customs Enforcement, must do 200 hours of community service work, undergo a psychosexual evaluation, and stay away from food courts and areas where teens congregate.

    The sentence capped an emotional hearing Friday that included tearful pleas from Figueroa's wife and 14-year-old daughter and an angry statement from the victim's mother.

    "He's the one who's a bad person, not my daughter," said Cleme Consalvo, the mother of 16-year-old Rachel Wright, of Stuart. Their names are being published by the Tribune because they decided to go public. "I am proud of my daughter for standing up," Consalvo said.

    Figueroa's wife, Mariela, said, "My husband is a righteous and loyal public servant who cares for his fellow man. ... I am very proud of Frank and what he has accomplished in his life."

    "I desperately hope you come to the realization that my father is incapable of this crime based on his history and overall character," said Christene Figueroa, who wept and gasped throughout her quiet statement.

    Judge Questions Sincerity
    Cheek expressed reservations about Figueroa's reluctance to fully accept responsibility for his actions Oct. 25 in the food court of Orlando's Mall at Millenia.

    Noting that witnesses said Figueroa fled the scene when approached by officers, Cheek asked Figueroa to admit what he did and demonstrate remorse. Figueroa pleaded no contest last month to charges of exposure of sexual organs and disorderly conduct.

    The judge said he decided to put Figueroa on probation but was grappling with whether to withhold a judgment of guilt. Assistant State Attorney Erin De Young argued for the judgment, saying what Figueroa did should be acknowledged by the court.

    "I am very sorry for the pain this has caused everyone, not just my family," Figueroa told the judge. "This is something I have wrestled with ever since this happened. It's hard for me to wrap my arms around this whole event."

    Cheek cut him off, telling Figueroa that he has a problem and that the way to start to change is to accept what he did.

    "I want to do what's right," Figueroa responded. "I had been scratching my crotch. ... I don't know what she saw. ... I was not masturbating. She might have seen my penis. I'm saying I'll take responsibility."

    The judge was skeptical. "I have never inadvertently exposed myself," Cheek said. "It just does not happen."

    After Figueroa repeated his contention, the judge said, "What I'm trying to do is find some reason to trust you."

    "I was sitting at the mall about 15 feet from her when my penis came out of my shorts," Figueroa said. "I accept responsibility for what I did."

    "I've had to drag it out of you," Cheek said. "You are 90 percent admitting what you did."

    Figueroa Plans To Retire
    According to defense attorney A. Brian Phillips, Figueroa is on leave from his job with ICE and plans to retire when he is eligible in August.

    ICE officials in Washington refused to answer questions about Figueroa's status or the status of an internal investigation.

    Spokeswoman Jamie E. Zuieback released a brief statement: "Immigration and Customs Enforcement immediately placed Mr. Figueroa on leave and confiscated his weapon and credentials. ... ICE recognizes the serious nature of Mr. Figueroa's conduct and has taken necessary and appropriate steps to sever his ties with the agency while protecting the privacy and interests of his family."

    Figueroa's arrest prompted a national review of background checks conducted on Homeland Security employees who target child exploitation after a federal official revealed that Figueroa had been arrested on similar charges in Amherst, N.Y., in 1977.

    At the time, he was an inspector with the U.S. Customs office in Buffalo. That case was dismissed.

    Cheek said he wouldn't consider Figueroa's past arrest in passing sentence, except to note that it fit a pattern of compulsive behavior.

    "It's a tragedy when a person's compulsive actions destroy their lives," Cheek said.

    "I can't imagine the turmoil you went through in your life that you have the desire to expose yourself in public," he said.

    Cheek said that he thinks Figueroa will do well on probation.

    "The concern I have is down the road," the judge said. "This type of compulsive behavior doesn't respond to logic and reason."

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    He is getting off way to easy. reading this story made me sick.........
    dulce et decorum est pro patria mori


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    O RLY?? YA RLY NO WAI!!!!

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  2. #2
    BigBossMan's Avatar
    BigBossMan is offline Officer First Class
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    He got off way to easy!!!

 

 

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