Attorney for victim in a deputy-involved plot to plant drugs explains the motivation behind the crime

A Lee County Sheriff’s deputy has been arrested and is off the job for his involvement in a plot to plant drugs and put an innocent man behind bars. The attorney for that man is now sharing what he says is the motivation behind the plot.

The victim’s attorney said the motivation is revenge.

When Lee County Sheriff Carmine Marceno called reporters to his real-time crime center Friday, he didn’t mince words. “Those who engaged in this disgusting conduct are now in jail.”

Under arrest was one of Marceno’s deputies, Niko Irizarry.

Marceno said Irizarry helped to set someone up to take a fall. Attorney Donald Day represents that someone.

Day said, “now, the thing that was very unusual, of course, my client calls me, and the case begins with his statement emphatically that he was not involved in drugs.”

Day hired a private investigator to determine whether his client was telling the truth. Something he said he doesn’t do every day.

“Lo and behold, we find out that he was, in fact, a witness for the prosecution in a case where a gentleman went to prison,” said Day.

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The gentleman Day is referring to is Charles Custodio.

Custodio was one of the men Marceno says was involved in the plot to set up Day’s client.

WINK News found records from 2017 that show Custodio committed insurance fraud after Hurricane Irma. The document says he falsified documents for reimbursement and forged signatures, including the signature of his landlord, who is also Day’s client.

“And when that gentleman went to prison, he had promised that he would somehow get this individual in the future,” said Day.

And what did he get? Arrested for drugs. Drugs he claimed someone planted in his car.

Day went to Sheriff Marceno, and on Friday, Marceno said that Day’s client’s story was true and revealed how one of his deputies was involved.

Day said, “that is extremely troubling because, as you can imagine, my client was looking at a long mandatory prison sentence for this trafficking charge. So it was really, really serious.”

In addition to Custodio, deputies arrested another man for a host of drug charges and conspiracy.

A search warrant of both Custodio’s and Irizarry’s phones showed they set a place and a time for when the deputy would arrest their target.

Day gave Sheriff Marceno credit for not ignoring his call for a second look at his client’s arrest.

The sheriff said his team of investigators found evidence against his deputy and the others and nothing against Day’s client.

“And I can’t imagine any worst-case scenario than someone sitting in a long-term prison sentence because they got the wrong person, or because they were set up unlawfully,” said Day.

WINK News is not releasing the name of Day’s client because his attorney said there may be others involved in his client’s case.