Home confinement rejected for ex-Derry town employeeBy JAMES A. KIMBLE
Union Leader Correspondent
August 26. 2014 7:38PM
BRENTWOOD — A judge rejected a request by an ex-Derry public works employee to be released on house arrest after serving 64 days in jail for stealing about $12,713 in cash from the town’s transfer station.
Daniel Hagerty, 75, was sentenced to serve a year in county jail on June 5 after admitting to voiding roughly 1,800 tickets from the transfer station so he could steal money from residents who paid disposal fees. He pleaded guilty to a single count of theft by unauthorized taking.
Judge Marguerite Wageling denied Hagerty’s request for an early release. Wageling said she would reconsider the matter after Hagerty serves six months in jail so long as he remains eligible for electronic monitoring.
Defense lawyer Donald Blaszka argued in court papers that corrections officials already assessed Hagerty as a “perfect candidate” for electronic monitoring.
Assistant County Attorney Jerome Blanchard asked Wageling to not allow Hagerty’s release, saying he had not served enough time behind bars.
Prosecutors had argued for a three- to six-year prison term when Hagerty pleaded guilty in June, but agreed to leave the sentence up to the judge as part of a negotiated plea deal.
Hagerty admitted that he pocketed between $50 and $100 per day between July 2012 and June 2013, telling police he took the money to help pay for medical bills he had as a result of his wife’s stroke, according to Blanchard.
Hagerty was caught stealing by another town employee who noticed discrepancies in the transfer station’s computer records. Prosecutors later discovered that Hagerty had two theft convictions.
Blaszka asked Wageling to take into account Hagerty’s age, meager financial means and his role as his wife’s full-time caregiver when she handed down the sentence.
The full restitution of $12,713 was paid to the town in June. Hagerty will remain on probation for three years. He is ordered to perform 200 hours of community service in Derry once he is released from jail. Hagerty could have faced up to 7 ½ to 15 years in prison had he been convicted by a jury.