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Presiding Superior Court Judge Liliana DeAvila-Silebi said a state appeals court sent the case back to her for resentencing because “it was not clear if there were prior violations of restraining orders” against Allan Pelcak Jr., 46, of Spring Valley.
Pelcak appealed his sentence based on the judge’s notation that he had “convictions” for violating domestic violence restraining orders at the time he assaulted his ex-wife.
DeAvila-Silebi on Tuesday cited a Rockland restraining order that expired in April 2009 that Pelcak violated when he placed a GPS in the woman’s car while she was in Florida with their two children.
A conviction wasn’t required, the judge said: The fact that it was on his record was enough to justify considering him a risk to commit further offenses — an aggravated factor in sentencing.
Police arrested Pelcak on attempted murder charges in September 2009 after he stabbed his then-46-year-old ex-wife several times and then ran her over as she waited for a car-pool ride in the parking lot of the Crossroads Sheraton hotel in Mahwah.
The couple had been divorced for two years and had a history of disputes over child support, among other issues.
Pelcak’s ex-wife remained in a coma for several weeks with stab wounds and broken bones, authorities said. She endured several surgeries and extensive rehabilitation, they said.
Pelcak, in turn, pleaded guilty before indictment. DeAvila Silebi sentenced him to 14 years in 2001, nearly 12 of which he’d have to serve before being eligible for parole.
Pelcak attempted to exonerate himself over the GPS incident.
“There were two incidences where my ex-wife took off and left the country, and another time she went to Florida,” he told DeAvila Silebi. “I was worried she would leave with the kids.”
He said he put the device in his suitcase, and not her car, because he knew his children would use it.
“I also have documentation the GPS wasn’t operating properly,” he told the judge before she cut him off.
“I advise you not to incriminate yourself any further,” she said.
STORY / PHOTO: Mary K. Miraglia, CLIFFVIEW PILOT Courthouse Reporter
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