Lynn pair to serve 5 years in armed home invasion

SALEM – Two Lynn mechanics who admitted to their role in breaking into a house and tying up the wrong man during a robbery where $110 and a cell phone was stolen will each serve five years in state prison before being placed on probation for another two years.Jose Romero, 27, and Rafael Cintron, 38, both of 35 Lily St., made their plea Friday afternoon in Salem Superior Court to charges of armed robbery and home invasion before Judge Timothy Q. Feeley.Assistant District Attorney Michael Patten said if the case proceeded to trial he would have presented evidence that on Feb. 8, 2010 at approximately 7:30 p.m., the victim, Philip Maulding, then 28, was watching television in his bedroom apartment at 229 South Common St. in Lynn.Maulding, who had just moved into his apartment two weeks prior, heard a noise coming from the door of his apartment and went to see what it was. Three men busted into his apartment; Delvis Diaz-Vargas, 32, was apparently carrying a Glock semi-automatic firearm and behind him was Romero and a third unidentified individual followed, Patten stated.The three men herded Maulding to his bedroom where Romero bound his hands and legs with electrical tape.In the meantime, Cintron entered the apartment, had a brief conversation with Diaz-Vargas, then looked carefully at Maulding and said, “We have the wrong man.”The men then fled from the apartment, but not before stealing $110 from Maulding and his cell phone.The three suspects were later identified through a series of photos shown to Maulding by police.Authorities believe someone had some type of key to the apartment because there was no forced entry and that the intruders were looking for a drug dealer to “rip off.”Patten argued for a lengthier punishment of 8-to-10-years in prison, saying his recommendation was based on the nature and circumstances of the acts. He told Feeley that the intruders “knowingly and intentionally entered the home with a firearm,” while saying a person has the “right to be protected in their precious zone of privacy.”He emphasized that Philip Maulding “did nothing to bring this on.”Romero’s defense lawyer Alicia Andrews pointed out to Feeley that her client has no prior record as she asked the judge to impose the five-year punishment. She had asked the judge earlier during a lobby conference for probation for Romero, which Feeley rejected.Christopher Norris, attorney for Cintron, stated the five-year penalty was “appropriate,” while pointing out his client “admits responsibility” for the crime and realizes how the act invaded the victim’s space, while noting he has no prior record.In handing down the punishment, Feeley said he had previously lobbied the case and had considered the conduct, while noting each have no prior records and the victim suffered no injuries.The judge also ordered the two men not to have any contact with Maulding and to stay away from him.If Romero and Cintron violate any terms of their probation, they are each facing a mandatory 20 years in state prison on the home invasion charge, which Feeley clearly pointed out to them during the colloquy.Romero was given 459 days credit toward his term of incarceration while awaiting trial on the case and Cintron 449 days.Diaz-Vargas, 32, remains held in lieu of bail awaiting trial on the case, which is scheduled for next month.