Hassan Diawara and Christopher Perpignan could have been sent to state prison but instead are serving their sentences in a juvenile facility. Watch video
TOMS RIVER -- Sparing them a stint in adult state prison, a Superior Court judge on Thursday sentenced two former Lakewood High School football players to juvenile facilities for their roles in a string of armed robberies.
Although Christopher Perpignan and Hassan Diawara were juveniles when they participated in the robberies in Lakewood and Toms River and prosecutors had their cases sent to adult court, defense attorneys succeeded in convincing Judge Wendel E. Daniels to send their clients to juvenile detention centers under a law that went into effect only three weeks ago.
"No matter how this court rules today...the life of Hassan Diawara will change forever," said defense attorney Glenn Kassman. "Instead of a senior prom, graduation, a possible athletic scholarship to college, the future of Hassan Diawara is one of a lengthy period of incarceration and a criminal record that will follow him for the rest of his life."
In the end, Daniels sentenced Diawara, 17, to 12 years in a juvenile facility and Perpignan, 18, to six years in a juvenile detention center.
"The acts over this period of time were violent, despicable, caused terror in people's lives, gave them a real sense of death," Daniels said. "This conduct was horrific and you participated in that conduct.
Four Lakewood High School football players charged with armed robberies
By law, they serve their sentences in juvenile detention until they turn 21. After that they can either continue serving their terms in a juvenile facility or be transferred to an adult prison, depending on their behavior.
They were two of four Lakewood High School football players who went on an armed robbery spree in Lakewood and Toms River on Sept. 26, 2014, and Oct. 2, 2014. Prosecutors said they drove up to their unsuspecting victims, pointed guns at them and robbed them of their belongings, such as cell phones and cash. In some cases, they dragged their victims off a distance.
Perpignan received the lighter sentence because he did not participate in the robberies other than to drive the car, his attorney, Judith Amorski, said.
Diawara apologized to his family and the victims and called those two nights "a mistake."
"I hurt a lot of people," he said. "I will try my best to make myself a better person."
Assistant Ocean County Prosecutor Laura Pierro said that rather than gaining notoriety for signing a letter of intent to a college for an athletic scholarship, Diawara was the focus of media attention for a "terrible, terrible decision."
Of Perpignan, she said, "This was four young men in a car going out to rob people and to get stuff and he's now going to live with the consequences of his actions.
Perpignan also apologized and said, "I let a lot of people down."
"I'm very sorry for what happened. I'm sorry to the victims. Sorry for everybody," he said. "I wish I could take it back."
Kassman argued that although Diawara understands he has to face the consequences of his actions, Diawara should be given a chance at a productive future.
"He did the wrong thing and now has to pay for it," Kassman said.
He and Amorski argued their clients wouldn't get that chance if they were sentenced to an adult state prison, where, according to a UCLA School of Law study cited by the judge, juveniles were more likely to have an increased recidivism rate.
Perpignan and Diawara pleaded guilty last year to four armed robberies. Because of the seriousness of the crimes, prosecutors succeeded in having them treated as adults even though they were 16 and 17, respectively, at the time. That would have required the judge to sentence them to adult prison.
But Kassman and Amorski argued the judge could use a law that went into effect March 1 allowing juveniles whose cases are handled in adult court to still serve their time in juvenile facilities.
Because the law did not specify the provisions were retroactive to March 1, Assistant Ocean County Prosecutor Anthony Pierro argued Perpignan and Diawara could not take advantage of the new law.
He argued New Jersey's criminal laws already take into consideration the fact that juveniles are different from adults and need different types of punitive and rehabilitative surroundings.
But Daniels disagreed. Quoting from studies submitted by Amorski, Daniels said juveniles comprised 25 percent of the sexual assault victims in adult prisons and are eight times more likely to commit suicide when serving sentences in adult prisons.
The other two former football players, who also pleaded guilty to armed robbery, have sentencing dates next month. Naquese Joshua, 18, is set for April 15 and Devin Delanie, 20, is scheduled for April 22.
MaryAnn Spoto may be reached at mspoto@njadvancemedia.com. Follow her on Twitter @MaryAnnSpoto. Find NJ.com on Facebook.