CHARLESTON, W.Va. -- Two brothers from a West Side family whose past crimes were highlighted after their younger brother was charged with killing an elderly neighbor pleaded guilty Wednesday.
One of the brothers, Alexandrio Mallo, identified his 14-year-old brother Thomas as being in jail for "murdering the old woman."
"He's the reason why I'm in here, because of him, sir," Alexandrio Mallo, 23, said to Kanawha Circuit Judge Charlie King.
Police arrested nearly the entire Mallo family on various charges, including child endangerment, after finding 82-year-old Phyllis Jean Phares dead in her house in June.
On Wednesday, Farris Mallo, 30, pleaded guilty to three counts: third-degree sexual assault, sexual abuse by parent or guardian and nighttime burglary. His sentencing is scheduled in front of King at 2:30 p.m. Jan. 13. The combined punishment for his charges could be 12 to 20 years in prison.
The first two charges were from counts in 2005. At that time, Farris Mallo admitted to West Virginia State Police that he had sex with a 14-year-old girl.
The burglary happened this summer, when he broke into his ex-wife's house.
Alexandrio Mallo pleaded guilty to two counts of third degree sexual assault on his nephew, who was 7 years old at the time. Mallo smacked the boy's genitals with a ruler.
He was sentenced to 180 days for the charges and will get credit for time served, meaning he will be out by Christmas.
Both pleas took place in King's court.
A 37-count indictment for Farris Mallo would have been presented to the jury had he not pleaded guilty, said assistant prosecutor Maryclaire Akers. The indictments would have been accounts of two separate incidents on two separate victims, she said.
In 2005, a 14-year-old girl was found in Farris Mallo's custody. At the time, he confessed to West Virginia State Police that he had sex with her. At the time, he was 25 or 26, Akers said.
"That was four years ago," King said. "Why the long gap?"
Akers said the case was reviewed by a prior administration but was not prosecuted. Akers said the incident was found during the investigation into the Mallo family this summer.
After Farris Mallo's plea hearing, his brother Alexandrio first agreed to the plea deal offered by prosecutors, then during a short recess told his lawyer Bill Lester that he didn't want to take the plea deal.
"I know I didn't do that to that boy. His dad is one big jerk," Alexandrio Mallo said quietly, while sitting at the defendant's table.
CHARLESTON, W.Va. -- Two brothers from a West Side family whose past crimes were highlighted after their younger brother was charged with killing an elderly neighbor pleaded guilty Wednesday.
One of the brothers, Alexandrio Mallo, identified his 14-year-old brother Thomas as being in jail for "murdering the old woman."
"He's the reason why I'm in here, because of him, sir," Alexandrio Mallo, 23, said to Kanawha Circuit Judge Charlie King.
Police arrested nearly the entire Mallo family on various charges, including child endangerment, after finding 82-year-old Phyllis Jean Phares dead in her house in June.
On Wednesday, Farris Mallo, 30, pleaded guilty to three counts: third-degree sexual assault, sexual abuse by parent or guardian and nighttime burglary. His sentencing is scheduled in front of King at 2:30 p.m. Jan. 13. The combined punishment for his charges could be 12 to 20 years in prison.
The first two charges were from counts in 2005. At that time, Farris Mallo admitted to West Virginia State Police that he had sex with a 14-year-old girl.
The burglary happened this summer, when he broke into his ex-wife's house.
Alexandrio Mallo pleaded guilty to two counts of third degree sexual assault on his nephew, who was 7 years old at the time. Mallo smacked the boy's genitals with a ruler.
He was sentenced to 180 days for the charges and will get credit for time served, meaning he will be out by Christmas.
Both pleas took place in King's court.
A 37-count indictment for Farris Mallo would have been presented to the jury had he not pleaded guilty, said assistant prosecutor Maryclaire Akers. The indictments would have been accounts of two separate incidents on two separate victims, she said.
In 2005, a 14-year-old girl was found in Farris Mallo's custody. At the time, he confessed to West Virginia State Police that he had sex with her. At the time, he was 25 or 26, Akers said.
"That was four years ago," King said. "Why the long gap?"
Akers said the case was reviewed by a prior administration but was not prosecuted. Akers said the incident was found during the investigation into the Mallo family this summer.
After Farris Mallo's plea hearing, his brother Alexandrio first agreed to the plea deal offered by prosecutors, then during a short recess told his lawyer Bill Lester that he didn't want to take the plea deal.
"I know I didn't do that to that boy. His dad is one big jerk," Alexandrio Mallo said quietly, while sitting at the defendant's table.
Lester told the judge that his client didn't want to take the plea deal and asked him to order a mental evaluation of Alexandrio Mallo, who told the judge he had been treated for bipolar disorder.
When King asked if he had a job, Mallo said no.
"My mom knows if I went to work and someone tells me what to do, I'll go off on them," he said.
Akers said the plea deal, which would have him out before Christmas, would not be offered again.
Mallo quickly changed his mind and accepted the deal.
"Your honor," Lester said, "needless to say hope springs eternal and needless to say the soliloquy that just occurred has, what shall we say, pierced the depths of my client's intellect and heart to such an extent that he has decided that if the gracious offer of the state of West Virginia is still open, he would enjoy taking it."
If Mallo didn't take the plea deal, there were about four felony charges that would be laid on him by the grand jury, King said.
"Which in his case means extensive time in the old pokey," the judge added.
Mallo said he understood what it meant to be in jail and what it meant to be out.
"You ain't all that dumb or stupid," King said.
Lester tried to get King to let Mallo out of jail on Wednesday, but King wouldn't do it.
"He ain't got anywhere to go next week anyway for Thanksgiving," King said. "He's better off in the jail. You'll get a good meal out there, won't you buddy?"
"It all tastes like dog right now up there," Mallo said. "I'm losing weight. I was over 200 pounds, sir."
Mallo said he liked the way his mother, Carolyn Mallo, who is also in jail, cooked turkey.
"Maybe she'll be out by Christmas and you'll have turkey for a good Christmas dinner," King said.
"Oh, yes sir," Mallo said.
Reach Gary Harki at gha...@wvgazette.com or 304-348-5163.
"He ain't got anywhere to go next week anyway for Thanksgiving," King said. "He's better off in the jail. You'll get a good meal out there, won't you buddy?"