Man sentenced to prison in violent 2008 Orem home invasion

Published: Tuesday, March 16 2010 12:00 a.m. MDT

PROVO — When Jacob Falo proposed robbing a home in Orem in October 2008, his younger brother Jimmy followed his lead.

Now James Falo, 19, is following his brother again — to the Utah State Prison — on felony charges of robbery, burglary and aggravated kidnapping.

Fourth District Judge Samuel McVey sentenced James Falo to 10 years to life in prison, ignoring pleas from his family to set his minimum term at six years.

Police said the brothers and a juvenile entered a home near 1100 E. 800 North and detained the occupants by holding a baseball bat and an unloaded gun to their heads while they ransacked the house.

McVey called the crime "cruel" and "callous."

"The world would be a better place at this point without Mr. Falo out walking around in it," McVey said.

The judge said James Falo, who also committed an aggravated assault as a juvenile, had already received "significant mercy" when several charges were dropped in exchange for his plea in January.

James Falo's principal and counselor at Judge Memorial Catholic High School in Salt Lake City spoke on his behalf, as did his mother and uncle, saying he was a bright student and gifted athlete who made a bad decision at a vulnerable time.

His attorney, Chad Noakes, said James Falo was brought up in a home filled with drugs and violence.

"I look at him sometimes and think what could have been," he said.

Noakes said James Falo was worried about his brother being suicidal and tagged along to try to prevent the situation from escalating too far.

"He did not dare simply leave his brother in that situation for fear he could hurt himself or somebody else," Noakes said.

But James Falo told the judge he accepted responsibility for what he did.

"I'm sorry for the shame and disappointment I brought you guys," he said to his supporters. "What hurts most is I brought this on myself."

Prosecutor Jason Sant pushed for the harsher sentence, saying James Falo had recruited the juvenile, who brought his mother's gun with him.

e-mail: pkoepp@desnews.com

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