Former Fresno Co. Sheriff's deputy arrested for arson and fraud to be released from jail

FRESNO, Calif. (KFSN) -- Sentencing for a former Fresno County Sheriff's Deputy on the other side of the law was put off Friday.

Instead, the judge wants to give Sher Moua a taste of freedom to see how he handles it- before he is sentenced.

The once Fresno County Sheriff's deputy gave back his gun last year and now will be armed with a GPS ankle monitor.

"What I want you to do is get the help for the issues that I think are apparent based upon the report that I have so far," said Hon. David Gottlieb.

Although Moua could receive up to five years in prison- a probation report recommended instead probation. But before the judge grants it, he wants Moua to get counseling and a drug and alcohol analysis.

ABC30 legal analyst Tony Capozzi says this time around- being free will come with a lot of responsibility.

"Sometimes probation isn't an easy thing to do, sometimes probation as a condition is one that you do so many days in jail or two that you attend a drug rehab program and attend it every day," said Capozzi. "If you turn up dirty, you're going to go to jail and spend the rest of time in jail."

Moua is in jail for skipping out on his probation officer and failing to show up for court. He's also in protective custody since he was a law enforcement officer.

According to court records, the night Moua's Toyota 4runner was torched, Clovis Police say surveillance video showed he was drinking heavily at the 500 Club in Clovis.

Moua lost his job after detectives uncovered an insurance policy that was taken out just three days before the SUV was set on fire.

Capozzi says depending on what Moua accomplishes over the next 45 days, will determine the judge's next move.

"Sometimes sending someone to jail isn't the answer. How do you help this person and how do you help society by looking at both ends. I think the court, in this instance, is trying to do that," said Capozzi.