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Atlantic County serial burglary suspect released, Facebook post warns


  • Crime-Courts

Amber Cutano wanted to warn her neighbors.

The Mays Landing woman took to Facebook last week after a man was arrested — and quickly released — in connection with burglaries in her neighborhood.

Michael Formoso-Kociewicz, 34, is accused of two burglaries April 24, according to court records obtained by BreakingAC.

In one, a resident's wallet was taken out of his vehicle. There is surveillance video, Cutano said.

A third attempt was made while police were responding to the second call, she added.

"When we were waiting for police to come, my husband caught him in his truck in our driveway and chased him down the road and stayed with him until police arrived," Cutano said.

Formoso-Kociewicz also has at least one pending theft case out of Galloway Township from July and a criminal mischief charge out of Atlantic City from May, court records show. He also had an arrest in Egg Harbor Township, which is referenced in an October affidavit for a charge out of Hamilton Township.

In that case, an officer transporting Formoso-Kociewicz to the jail on multiple outstanding warrants noted he had a 9mm hollow-point "Speer Luger" round and a .380 "Hornady" defense round in a pocket of his cargo pants.

He told police he picked them up while at the shooting range, the affidavit states.

Cutano's husband snapped a photo of Formoso-Kociewicz during his latest arrest, and she shared it to Facebook with a warning to those in her area, along with Egg Harbor Township, where she said he also was spotted.

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"Here’s a great example of our justice system and how it works," Cutano wrote. "This 'man' you see in this picture was arrested Wednesday night after my husband caught him rummaging through his truck to steal from us while my children were in the backyard playing and we were waiting for the police to show up because he had already stolen from us and other neighbors. Well he was released from jail on Thursday. One day for theft when he has priors, amazing, right?!?! "

But what Cutano did not realize was Formoso-Kociewicz did not go to jail for the burglaries. Police released him on summonses for those.

Instead, he was taken to the Atlantic County Justice Facility on outstanding warrants from traffic tickets. He was out in less than 24 hours.

Bail reform allows police to charge defendants on warrants or summonses. If charging on a warrant, the arresting agency will check with the Atlantic County Prosecutor's Office.

The crime does not have to be a large one to charge a suspect on a warrant, history shows.

Last year, 47-year-old Lenin Castresor was detained in the theft of a package from a porch in Ventnor.

      Lenin Castresor during his detention hearing in August.   

Castresor had at least six pending cases at the time of his arrest, five of them out of Ventnor. All were smaller burglary offenses that were charged on summonses, meaning Castresor never went to the jail.

But Aug. 2, Ventnor police chose to charge him on a warrant. The Atlantic County Prosecutor's Office then filed for detention.

Despite all of his crimes being disorderly persons or fourth-degree, the public safety assessment used to help decide if someone is detained under bail reform recommended detention.

Judge William Miller agreed.

"Ordinarily somebody with these type of charges would not be detained but it's the repeated nature and the escalation of it," he said at the time. "I can tell the officers at this time filed under warrant because they were just tired of the repeated nature of it.

"At some point in time, the community has a right to be safe in terms of not having their personal property stolen from them off their porches or stores having property stolen off their shelves," he continued. "Shoplift once or twice, you'll probably stay out of jail. Shoplift or steal seven, eight, nine, 10 times ... a different outcome is warranted."


author

Lynda Cohen

BreakingAC founder who previously worked in newspapers for more than two decades. She is an NJPA award-winner and was a Stories of Atlantic City fellow.

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