Subcontractor Nicholas Pastore, one of the four men charged with what U.S. prosecutors said was a scheme to protect undocumented workers at a Hardin Valley construction site, has plead guilty.
Pastore, who is from Blount County, changed his plea last week to reflect a plea agreement with prosecutors. His sentence is in the judge's hands.
Unlike site manager Tyler Wells, who has been in federal custody since January, Pastore was free on bond.
Pastore, prosecutors said, texted Wells about the undocumented workers at the site not feeling safe as ICE agents loomed nearby. At one point, the two agreed they would keep the workers safe from ICE. Prosecutors said this included planning when workers would or wouldn’t show up if ICE was nearby and positioning
a truck at the entrance of the construction site to make it difficult for agents to come in.
Knowing the workers were undocumented and working around agents was enough to charge the men with conspiracy to harbor illegal aliens and harboring aliens for commercial/personal gain.
Pastore plead guilty to only to a single charge of harboring aliens for commercial/personal gain, and a conspiracy charge was dropped. Unlike the other defendants, Pastore was never charged with preventing ICE officers from performing their duties.
His sentencing hearing is scheduled for Aug. 20.
The details of his plea agreement are not public, and it is up to U.S. District Court Judge Katherine Crytzer to determine his sentence. He could serve up to 10 years in federal prison or receive supervised release and a fine.
Pastore’s attorney, Stephen Ross Johnson, declined to comment. A spokesperson for the U.S. Attorney’s office did not respond to a request for comment.
Harboring charges are often used to prosecute people who smuggle undocumented workers across the border, not those who hire workers here. Though a conviction can result in a 10-year prison sentence, federal sentencing guidelines − given to judges to help decide an appropriate sentence − suggest the Hardin Valley sentences would be closer to 33-41 months if the men were convicted.
Legal experts told Knox News serious charges against the men show prosecutors are using the Hardin Valley raid to send a message to other employers who hire undocumented workers.
About the Hardin Valley construction site raid and criminal cases
Federal agents raided a construction site across the street from Hardin Valley Academy on Jan. 13. During the raid, up to 25 workers fled while agents were trying to get access to the site, though others were arrested and deported.
Prosecutors have said Wells led an effort to block agents from accessing the site and that his colleagues assisted him. Wells and Omar Bonilla-Serna, the only noncitizen charged in the raid, have remained in custody. Alexander Bonilla-Servin and Pastore were released on bond.
Tyler Whetstone is an investigative reporter focused on accountability journalism. Email: tyler.whetstone@knoxnews.com; X: @tyler_whetstone; Signal: twhetstone141924.39
This article originally appeared on Knoxville News Sentinel: One of the men charged in Hardin Valley ICE raid strikes plea deal
