Ex-con would have faced ‘long time in jail’ if not for new Manhattan DA: judge
An ex-con accused of threatening a drug store worker with a knife was told in court that he should “feel lucky” he got busted after new Manhattan District Attorney Alvin Bragg took office, The Post has learned.
Career criminal William Rolon, 43, got the stunning advice when he was arraigned for misdemeanor petit larceny in what Manhattan Criminal Court Judge Jay Weiner called “a case that two weeks ago would have been charged as a robbery,” according to an official transcript of the proceeding.
“Based on your record, you would have faced a long period of time in jail if convicted,” Weiner said during the court proceeding early Sunday.
“The newly elected district attorney has new policies. You’re not charged with robbery; you’re charged with a misdemeanor here.”
Weiner added: “I don’t know if anyone would ever feel lucky standing in front of me in a courtroom, but you might reasonably feel lucky today.”
“Luck is not something that you can count on continuing,” the judge warned.
The Post obtained the transcript on Wednesday after publishing an exclusive, front-page report that revealed how Manhattan prosecutors downgraded an armed robbery charge lodged by cops against Rolon.
The move was in keeping with the controversial directives Bragg issued in a “Day One” memo to his staff on Jan. 3, his first full day in office.
Rolon was busted for allegedly brandishing a pocketknife at a female manager of a Duane Reade store on the Lower East Side when she confronted him over the alleged theft of more than $2,000 worth of cold medicine and other items.
“F–k you, I’m taking everything,” Rolon allegedly said.
Rolon, who allegedly had a small package of heroin in his left sock when he was arrested, served two stints in prison for robbery and attempted robbery, according to state records.
He also has 16 misdemeanor convictions and failed to appear in court eight times, Manhattan prosecutor Jacqueline Scher said during his arraignment.
Scher asked that Rolon be placed on supervised release under terms of the state’s bail reform laws, which require that defendants be afforded the “least restrictive” conditions to ensure they return to court.
Weiner granted that request, saying, “Based on the charging decision that the district attorney’s office has made, I can’t set bail.”
But the judge issued an order of protection on behalf of the Duane Reade manager and warned Rolon that if he violated it or failed to appear in court on Feb. 16, “bail might be in your future.”
The Legal Aid Society, which is representing Rolon, reissued a statement from Tuesday that said, “Mr. Rolon is a prime example of a person in need of treatment and resources, not incarceration.”
“Jail and prison only create a vicious cycle of incarceration and only serve to exacerbate root cause issues and to detract from public safety,” the statement added.
Weiner declined to elaborate on his comments Wednesday, a spokesperson for the state court system said Wednesday.
Bragg’s office didn’t immediately return a request for comment.
But earlier Wednesday, Bragg declined to address Rolon’s case — which has sparked outrage from several former Manhattan prosecutors — when he arrived at his Lower Manhattan office in a chauffeured SUV.
“I’m not going to discuss an open matter. Thank you,” he told The Post.
