By Marion Filler
Jose Canales, 21, has grown up in a hurry since his explosive behavior at the former Fatty’s sandwich shop in Morristown last Dec. 10.
Refusing to wear a mask, the local resident punched manager Mauri Colin, threw a knife and an iPad, threatened the staff, and was arrested after a scuffle with Colin, who chased him out of the restaurant onto Morris Street.
“I feel very embarrassed and ashamed for what I’ve done,” Canales said Friday at a virtual court hearing, apologizing and promising to “do better for myself and become a better person.”
Superior Court Judge Stephen Taylor sentenced him to two years probation, with continued treatment for alcoholism at the Willow Tree Counseling Center for Addiction.
Canales, who also must pay $1,500 in restitution, pleaded guilty to downgraded charges of fourth-degree criminal mischief and simple assault, a disorderly persons offense.
He had faced charges of aggravated assault, simple assault, terroristic threats, criminal mischief, unlawful possession of a weapon, and possession of a weapon for an unlawful purpose. The episode was captured on video by the shop’s security system.
Defense Attorney Terry Webb attributed Canales’ behavior to immaturity and a serious drinking problem.
“Frankly, he’s an addict,” said Webb, describing her client’s successful treatment at Willow Tree in Morris Plains. Webb said the Fatty’s incident allowed Canales to recognize the disastrous effects of alcohol on his life and turn himself around.
The plea deal was offered by Morris County Assistant Prosecutor Lucas Gatti.
Canales now is sober, has a full time job, and is making restitution for the damages he inflicted, according to Webb. Judge Taylor cited Canales’ age, limited prior record and apparently genuine remorse as mitigating factors for granting probation.
At the time of the incident, Morristown police reported that Fatty’s store manager sustained a facial cut and a bruised hand.
Fatty’s closed on New Year’s Eve, to make way for a traffic roundabout scheduled as part of the M Station office redevelopment. The shop now serves sandwiches at Weenies in Madison, according to Fatty’s Facebook page.
Yes, clearly if we locked this guy up for 10 years that would be better for all involved because it offends the conservative sensibilities – anyone “getting away” with anything is bad (unless it’s white collar crime, which is OK).
I’m old enough to remember when there were conservatives with a libertarian streak who would see our current criminal justice system as a massive violator of individual liberty!
On a related note, being an addict should not be a legal defense for anything unless the person was born an addict or forced into addiction as a child.