Request for testing stalls sentencing

PROVO — A last-minute reference to a possible mental illness stalled the sentencing for a young man who had already pleaded guilty to aggravated robbery and aggravated kidnapping.

Jacob Falo, 20, was scheduled to be sentenced Monday in 4th District Court, but his attorney asked for a mental health review, based on a few alarming sentences in the pre-sentence report.

"He may suffer from a chemical imbalance," said defense attorney Filia Uipi, reading from the report from Adult Probation and Parole. "He has had previous mental health concerns regarding decisionmaking."

Those few sentences raised a big "red flag" in Uipi's mind and he asked the court to order a mental-health evaluation to ensure that Falo understood the seriousness of the charges to which he pleaded guilty in June.

Prosecutors say Falo was the ringleader in an Oct. 9 plot that involved ransacking a home near 1100 E. 800 North in Orem and attacking the residents.

Police said the three men, including Falo's younger brother, James, used a bat to hit the people, whom they had tied up, then made them sit in a circle in the living room while they stole electronics, money and cell phones.

Falo pleaded to four first-degree felonies, three of aggravated robbery and one of aggravated kidnapping, and a second-degree felony of burglary, and prosecutors dropped several other charges. First-degree felonies carry the potential of life in prison.

Prosecutors said they would have preferred to proceed with sentencing Monday, but Judge Samuel McVey ruled that Uipi's concern was important and should be addressed.

Falo will be reviewed by mental health professionals and return to court Aug. 31 for a competency review and sentencing.

James Falo, 18, faces 11 similar charges and also had a pre-trial conference set for Aug. 31.

Berniece Halalilo, 19, served as the getaway driver and was recently sentenced to 36 months of probation. She was sentenced to 144 days in jail but given credit for the 144 she had already served.

She was also ordered to pay $15,200 restitution, which will be divided among all the defendants. The fourth individual was a juvenile.

e-mail: sisraelsen@desnews.com