Five months after Sandy Casiano and Harold Davila allegedly robbed a Nassau Street bank of more than $140,000, federal prosecutors are trying to negotiate a plea bargain with the pair.
"We're preparing as if this were going to trial, but we're hoping there's going to be a plea," said FBI Special Agent James Dougherty.
Dougherty explained that it is customary for prosecutors to try to reach a plea bargain agreement before taking a case to trial. "Pleas are always quicker and cheaper," Dougherty said, adding that prosecutors feel confident in their case and would not necessarily be averse to going to trial if needed.
The charges against Davila and Casiano stem from the Nov. 5 burglary of Sovereign Bank in which Borough officers shot and killed an alleged third accomplice, Angel Rivera, 20. After a massive manhunt in at least three states that lasted several days, Davila, 21, and Casiano, 26, were caught by the FBI.
Because Davila and Casiano have been brought up on federal charges, the U.S. Attorney's Office in Trenton is handling the case. Assistant U.S. Attorney Robert Farkas will represent the prosecution.
Possible trial
Should a trial be held, Dougherty said he estimated the proceedings would take about a week. Though no court date has been set, he said that prosecutors are looking to try Davila and Casiano – who are both still in custody – sometime in May if negotiations break down.
Borough Police Captain Peter Hanley, however, said that it is unlikely the trial would actually come up that quickly. "Frankly, knowing the court system, don't bet your lunch on it," Hanley said of the possibility of a trial happening anytime soon.
Hanley said his office is cooperating with the FBI, but that he had not yet been notified of how the Borough will be assisting the prosecution when and if the case goes to trial.
Dougherty said he expects that any trial would rely heavily on the testimony of those who witnessed – or participated in – the events on the night of the robbery, including several Borough officers.
Missing gun
One piece of evidence prosecutors will likely not have for the case, however, is a machine gun witnesses said they saw Casiano brandishing. "There was some information that was received initially that there were some folks who thought they observed a machine gun on the night of the robbery," Dougherty said.
On Friday, FBI agents oversaw an ultimately fruitless search of an area about one mile north of campus where investigators suspect Casiano might have dumped the weapon. In the search, the fire department was responsible for flushing all of the storm drains in the area and a metal detector was used to search nearby properties.
Dougherty described the search as a way of "covering all our bases" and said that they may never know whether or not there truly was a machine gun involved on the night of the robbery.
"It was dark and the stress level was high," said Dougherty. "But, they may have seen (a machine gun) and we just haven't found it yet. I honestly don't know if there was a gun up there that night."
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