Sentence To Be Appealed
WARSAW — A one-year-sentence for failure to register as a sex or violent offender will be appealed, with the blessings of the court.
Adrian P. Cirsostomo, 32, 8110 Hepton Road, Nappanee, who was arrested on May 5, was sentenced to one year in the Kosciusko County Jail Thursday morning. Cirstomo was given credit for 190 days already served behind bars.
Immediately following Superior Court 1 Judge David Cates issuing the sentence, Jay Rigdon, attorney for Crisostomo, requested he be appointed for his client to pursue an appeal. Rigdeon stated after the hearing the state statute was unclear what his client had to provide upon registering.
Rigdon stated prior to the sentencing that throughout the entire process, Crisostomo had been forthright and there is a great interest of his crime under the state statute. Rigdon noted the state takes a different position than others adding the wording of the registration statute is confusing with lengthy language.
Cates even stated during the sentencing that while Cirsotomo has a history as a sex and violent predator, which was already determined, the statute “here is difficult and convoluted. There are a number of issues that should be addressed by a higher court.”
The statute in question is referred to as Zachary’s Law, IC 11-8-8.
According to court documents charges were filed on May 11 against Cirsostomo in Kosciusko County for failure to register as a sex or violent offender. The document states on May 9, 2002, he was convicted of a lewd act on a minor in Kershaw County, South Carolina, and required to register as a sex offender. On Dec. 16, 2014, he was upgraded to a sexually violent predator and required to register for life.
He did register with the Kosciusko County Sheriff’s Department on Dec. 22, 2014, listing his place of employment and signing a form acknowledging he needed to notify the department of any change in employment. When a compliance check was conducted, it was learned he no longer was employed at the location he stated and had left that place of employment on March 30, 2015.
Authorities were able to learn of his new place of employment, which he began on April 6. It was not until May 4, that he came to the sheriff’s department, 31 days since leaving his previous employment, to report his new place of employment. This according to court documents was a violation of the rules and regulations that apply to a sexual predator.