Former Newark Police Officer Hugo Fierro sentenced to five years 4 Gallery: Former Newark Police Officer Hugo Fierro sentenced to five years

NEWARK

— Hugo Fierro was off-duty celebrating his anniversary with his wife when the former Newark police officer came across a man who appeared to be intoxicated lying on the sidewalk.

He bent down to assist him when another man approached, according to court testimony. Then, in a confusing sequence of events Fierro went from aide to assailant, striking the man who approached with his weapon, prosecutors say.

Fierro, 46, was sentenced to five years in prison today following a trial in February in which he was convicted of second-degree official misconduct third-degree aggravated assault and a disorderly persons offense. The second-degree charge carries a mandatory minimum prison term of five years.

Today Fierro's defense attorney Anthony Fusco pleaded for leniency, despite state statutes that say downgraded prison terms should only exist in "extraordinary circumstances."

"Do we want to put someone away for all these years for what amounts to a disorderly persons offense?" Fusco asked the court. "From the bottom of my heart this is not a five year offense. This conduct does not warrant five years."

Fierro was initially offered a plea that would have involved resigning from his job and a $250 fine. He didn't take it.

"He felt he did what he was supposed to do that night," Fraternal Order of Police president James Stewart said outside of the courthouse. "And his lifelong dream was to be a cop. He didn't want to give up the job."

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Fierro did not report the May 8, 2011 incident that occurred at 150 Bloomfield Ave. The victim went to police headquarters hours later to tell them he'd been assaulted.

During the trial the jury saw surveillance footage of the assault, though it's unclear whether Fierro struck the victim in the face or the extent of injuries. There were no medical records presented at trial.

Fierro, small in stature with thick-framed glasses, apologized to the victim and thanked his family and friends for their support. He said that night his "police nature took over."

Assistant Prosecutor Peter Polidoro said Fierro breached the public trust and must be held accountable to the higher penalties set for public employees.

Judge Peter Ryan sentenced Fierro in accordance with the statute as family members wept quietly in the courtroom.

"Inevitably, the people that were really hurt in this situation were the families," Ryan said.

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