Marek Borowicz was sentenced to prison for a 2012 charge of failure to pay child support, and a separate charge of failure to appear after admission of bail. He was previously found guilty in a jury trial for failure to pay child support.
On behalf of Borowicz, Public Defender Maureen McQuillan asked that the sentence for both charges be limited to credit for time served for approximately six months he has served in the detention center. “He has a separate immigration matter pending and is quite anxious to go and take care of that as soon as possible,” said McQuillan.
“To cost the taxpayers of Nevada three years of housing this gentleman, when he can simply be deported, as is his wish, we ask you to adopt the recommendation,” said McQuillan
Attorney Anthony Gordon on behalf of the State of Nevada argued against a sentence for just credit for time served, saying that if he was turned over to immigration he may not serve any time and could be released for parole, and mentioned the time and money the state has spent tracking down Borowicz throughout the years.
Borowicz waived his right to make a statement to the court during his sentencing.
Borowicz was found guilty of non-support of a child by parent, a category C felony. As part of a plea bargain, Borowicz pleaded no contest to failure to appear after admission of bail, a category D felony.
On the charges of non-support of a child by parent, Borowicz was sentenced to 15-40 months in prison and ordered to pay a $153 DNA collection and analysis fee, $25 administrative assessment, $1,500 alternate public defender fee, and restitution of $88,696.17. Borowicz was given credit for time served, totaling 162 days.
For the no contest plea of failure to appear after admission of bail, Borowicz was sentenced to 12-32 months in prison, to run concurrent with the first sentencing and ordered to pay a $3 DNA collection fee, $25 administrative assessment, $250 public defender fee and $486.15 for extradition fees.
Borowicz had previously entered into a no contest plea bargain to the failure to appear after admission of bail charge, which recommended concurrent sentencing for both charges.
Montero also asked for a civil confession of judgment for the restitution owed for the child support, and a separate confession of judgment for the amount owed to the state for the extradition fees.
Judge Montero advised he was deviating from the sentence recommended by the department of parole and probation, “This is a case where a gentleman has accrued 88 thousand dollars in child support, a case in which there was very little effort, if any to actually attempt to pay that child support during that time and I believe that this justifies the court’s sentence in this case today,” said Montero.
