NEW MADRID, Mo. -- A man accused of robbery decided to forgo his jury trial accepting a prison sentence.
Devontae M. Rivers, 24, of Blytheville, Ark., was sentenced to 15 years in the custody of the Missouri Department of Corrections on a charge of first degree robbery. Judge Fred Copeland, who heard the case on a change of venue from Dunklin County, ordered the sentence to run concurrently with any sentence Rivers is now serving.
A jury was seated and attorneys had made their opening statements Thursday, when Rivers decided to withdraw his guilty plea. Representing the state in the case were special prosecutors Jereme Lytle and Michael Anderson with Robert Lundt serving as Rivers' attorney.
According to the probable cause, the incident occurred at 12:30 a.m. March 22, 2011, at a Kennett residence. Kennett Police Officer James Waynick wrote that the victim told officers he had invited two females to his residence and at the time was in his bedroom having sex with one of the women when a man "burst into the bedroom placing a gun to his head."
The man demanded money from the victim and stated he was a member of the "Crip" gang from Blytheville, according to the officer. The assailant took approximately $30 in cash from the victim and another $50 in coins as well as the victim's cell phone. Before leaving the residence, the man struck the victim several times on the head with a gun.
The assailant then dragged the victim outside, where he threatened to kill him, according to the probable cause statement. The victim was eventually able to get away from the man and went inside his residence where he got his own firearm and fired several shots as the assailant fled in a car.
While processing the crime scene, officers found a cell phone, which opened to show a picture of a man. Showing the photo to the victim, the victim stated, "That's the dude that robbed me."
Officers were able to link the cell phone to Rivers.