Alexander Nunez of Amherst gets last chance on drug charge

on August 02, 2011 at 7:30 PM

NORTHAMPTON – A weeping Alexander A. Nunez was given one last chance to avoid a mandatory three-year jail term Tuesday when a Hampshire Superior Court judge delayed the imposition of his sentence for trafficking in cocaine.

Last week, a jury found Nunez, 30, of Amherst, guilty of the charge as well as of illegally possessing a firearm. They stem from an Aug. 15, 2010, incident in which Nunez fired his gun into the air outside Silk City Tap Room in Florence following an altercation at the bar. Jurors at the trial heard how Nunez fled from there to Mill Valley Apartments in Amherst, where Amherst police caught up with him. Several officers testified that Nunez ran from them into the nearby woods, appearing to toss a plastic bag and cash. The bag turned out to contain more than 14 grams of cocaine, enough to trigger the trafficking charge.

Defense lawyer Colin Keefe told Judge Peter Velis at Tuesday’s sentencing that the case should not have gone to a jury because there was not enough evidence connecting his client with the drugs.

“No one saw him with the drugs in hand,” he said.

Keefe also argued that, since the jury acquitted Nunez of firing a gun within 500 feet of a building, the conviction for illegally possession a firearm should also be called into question. Despite testimony that Nunez fired his gun outside Silk City, the jury determined that he acted in self defense and did not convict him of that charge. The prosecution maintained that the altercation with another patron was over by the time Nunez fired.

In his sentencing argument, prosecutor Jeremy Bucci asked for a 3-5 year prison sentence, saying it would give Nunez time to complete the appropriate programs behind bars while offering the possibility of early parole. Keefe, who could not ask for less than the three-year mandatory minimum, proposed a sentence of three years to three years and one day and asked that Nunez be allowed to serve it in a county facility instead of in state prison.

Velis denied Keefe’s motion to set aside the verdict but said he would allow him to argue that the jury should have been given the option of considering a lesser charge of possession of cocaine with intent to distribute. The judge scheduled a Sept. 7 session to hear arguments on that point and agreed to delay the imposition of Nunez’ sentence until then.

Velis, who called Nunez “a great paradox,” brought the defendant to tears while mulling over the conflicting parts of his personality. As described by Keefe, Nunez was a role model for children during the six years he was employed as a mechanic in the Amherst Public Schools, monitoring the cafeteria and connecting with students. Nunez also volunteered for community policing and coached sports teams for at risk youth.

When he was released from his job in Amherst following his arrest, Nunez invested his money in a car-cleaning business and voluntarily sought treatment for his drug problem, Keefe said. He has two children, ages 12 and 10.

Although he said he truly believes Nunez is a good person, Velis said his involvement with drug and guns make him a poor role model.

“It’s good that he’s out of the school system,” Velis said.

Nunez bowed his head a sobbed while Velis spoke. When the judge asked him how long it had been since he last saw his father, Nunez took a minute to compose himself before answering “Ten years.”

Because the judge delayed the imposition of Nunez’ sentence, his children will be able to visit him in jail.