Last defendant in driver attack gets plea deal

Published 12:00 am Friday, February 14, 2003

Juan Miguel Sanchez, 19, who was charged in connection with a robbery of a Domino’s Pizza delivery driver, pleaded guilty Thursday after the prosecutor amended the charge from first-degree aggravated robbery to aiding and abetting a theft.

Sanchez is one of three suspects who took part in the robbery, in which the driver was severely injured. But County Attorney Craig Nelson bargained down the charge because the Sanchez’s involvement in the attack would be impossible to prove.

&uot;Quite frankly, I’m not happy with this plea,&uot; Nelson said. &uot;But, in the trial, I would not be able to establish Mr. Sanchez was actually in the possession of any type of weapon.&uot;

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He is the last of the accused to be convicted for the attack.

The robbery took place late on the night of May 20 last year. Five youths ordered a pizza and planned to ambush the person who delivered it. Domino’s employee Nicholas Joseph Nesse brought the pizza and was hit by an axe handle, then fell on the ground unconscious. The attackers took $16.10 and the pizza from Nesse.

Testimony gathered from the suspects could not determine exactly who attacked Nesse. Nesse fainted after the first hit, and does not remember what the assailants looked like. Two juveniles who got out of the car with Sanchez to rob Nesse did not admit Sanchez’s involvement, and Sanchez has asserted that he was searching Nesse’s car when the assault occurred.

&uot;It was a senseless, stupid crime. But I have no ability to show that Mr. Sanchez was anticipating the assault would happen,&uot; Nelson said.

Judge James Broberg was explicit about his uneasy feelings about the plea agreement. He repeatedly questioned the basis of Sanchez’s claim of absence from the assault scene.

Sanchez will face a maximum sentence of five years in prison and a $10,000 fine for the amended charge. If he were found guilty for the higher robbery charge, Sanchez would have faced a maximum of 20 years in prison and a $35,000 fine.