By Alexis Tarrazi / Senior Reporter

HACKENSACK (Dec. 11, 2009) — Miguel Castillo, a former New York City police officer who was arrested in Rutherford for allegedly burglarizing a suspected drug dealer’s home on East Pierrepont Avenue, accepted a plea deal Wednesday, Dec. 9 in exchange for testimony against his alleged partner-in-crime, Hector Alvarez.

“We are happy,” Rutherford Police Captain Joseph Merli said. “Our police officers and the prosecutor did a good job. … It is serious time he will be doing. It ruined his life and career.”

On Monday, Dec. 14, Alvarez was expected to make an update on his own case in Bergen County Court, due to the new developments with Castillo. However, his status hearing was rescheduled to Thursday, Dec. 17. John Weichsel, Alvarez’s attorney, indicated in court that his client was still leaning toward moving forward with a trial.

Bergen County Assistant Prosecutor James Donahue noted in court that Alvarez was also offered a plea deal similar to Castillo’s — an eight-year sentence with no early release, where he must serve at least 85 percent of his sentence.

Castillo, now 30, appeared in front of Bergen County Superior Court Judge Patrick Roma, Dec. 9, and pled guilty to one count of armed robbery and one count of unlawful use of a bullet-proof vest.

The plea offer carries a seven-year sentence with no early release — Castillo must serve at least 85 percent of his sentence (five years and nine months).

Both counts will run concurrently and Castillo will be credited for time served — approximately two and a half years.

Also, as part of Castillo’s plea offer, Donahue said he must testify against Alvarez in his trial. Previously, Roma ordered to have the two separated from the same jail cell.

Castillo admitted to committing the crime with Alvarez and that their intentions were to rob the resident, Luis Algarin. Castillo also said he knew Alvarez had a gun on him, according to Donahue.

Originally, Castillo was charged with kidnapping, armed robbery, armed burglary, possession of a firearm for an unlawful purpose, unlawful use of a bullet-proof vest, impersonating a public servant, possession of burglary tools and simple assault. Alvarez is charged with the same crimes.

Since the arrest, both men resigned from the New York Police Department. If convicted, and with no plea deals considered, both could have faced up to nearly 40 years in prison.

Donahue had offered both men a plea deal in July, consisting of eight years in New Jersey State Prison, with no early release. However, Castillo and Alvarez declined the offer and opted for trial.

“I am a little surprised (Alvarez) didn’t also take something,” Merli said. “I think (Castillo’s plea) will hurt his chances in trial.”

Castillo’s attorney, Brian Neary, and Weichsel did not comment as of press time.

History of the case

The 2007 incident arose following a neighbor’s 7:50 a.m. call to the Rutherford Police Department that two men claiming to be working undercover on a terrorism case were reportedly next door arguing with one of the occupants.

After being questioned by the neighbor, the two fled, but not before the witness got a description of the car and plate number. Rutherford police detectives Michael Garner and Anthony Nunziato caught up with the officers on a service road in North Bergen. According to reports, the suspects didn’t say they were NYPD officers, and in plain view, the detectives said they saw a sledgehammer, crowbar and bullet-proof vests.

Police also discovered Alvarez had a semi-automatic handgun. Alvarez and Castillo were then transported to Rutherford for further questioning, where they allegedly gave recorded statements explaining what happened.