City man gets prison for 3 robberies

NEW HAVEN — A defendant who had pleaded guilty to robbing a bank, a Shell gas station and a Dunkin’ Donuts was sentenced Wednesday to serve eight years in prison.

Jose A. Cubiz, 42, of New Haven, apologized for his actions and said he feels “ashamed.” But Cubiz, along with his attorney Richard Silverstein, told Superior

Court Judge Gerald L. Harmon that a lesser sentence than that previously agreed upon should be considered because of the unanticipated arrival of COVID-19 in prisons. Harmon quickly denied this request.

Cubiz’ crime spree began April 22, 2019 when he walked into the Shell gas station convenience store at 141 Willow St. at about 6 p.m.

Police said Cubiz demanded that the store clerk open the cash register and give him money. He put his hand under his shirt and acted as if he had a gun, police stated.

He said to the clerk, “I have a gun. Open the register or I’m going to kill you.” After the clerk handed over about $85, Cubiz fled. The store’s surveillance tape showed the robbery.

On the following day at about 8 a.m., Cubiz walked into the Dunkin’ Donuts at 1954 State St. in Hamden and handed the woman behind the counter a note that read, “I have a gun, give me the money,” according to Hamden police.

The employee told police she was extremely nervous and asked the robber if he was serious. He shook his head to say “Yes.” She opened the register and handed him the contents of the drawer, $231.

When police responded, they pulled up the shop’s surveillance videotape that corroborated the employee’s account.

In another incident, on May 1, 2019 at about 12:30 p.m., Cubiz entered the Bank of America branch office at 250 Sargent Drive in New Haven. Police said the teller told them a man walked up to her window and handed her a note saying: “I have a gun, I need $4,000, I don’t want to hurt you.” The teller said she did not see his hands but she thought he did have a gun. She handed him $4,000.

Based on witness descriptions and identifications in photo arrays, New Haven police issued a warrant for Cubiz’ arrest. He turned himself in on May 2, 2019.

According to the New Haven police warrant, Cubiz confessed to the bank robbery, telling them he was going through a rough time with his girlfriend.

For the sentencing hearing Cubiz appeared on a video feed from MacDougall Walker Correctional Center and Silverstein addressed Harmon from a conference room adjacent to the courtroom. Senior Assistant State’s Attorney John P. Doyle Jr. was in the courtroom with Harmon. Many defendants are no longer appearing in court for their sentencings because of COVID-19 concerns.

Silverstein noted Cubiz had pleaded guilty to the robberies before COVID-19 hit Connecticut. “Nobody anticipated my client would be putting himself at risk by being in jail in a pandemic,” he said.

Silverstein said he fears there could be a second wave of the pandemic, which could affect the prisons.

Silverstein noted that previously “I floated the idea of re-examining his pleas and going downward on the sentence.”

“I’m not happy with the plea agreement,” he added. “He never had a gun. He had two weeks where he was out of his mind on crack cocaine. No one was injured. Still it was traumatic for those who suffered from his actions.”

“They say it’s a very serious health issue but the criminal justice system says: ‘We’ve got to get on with business,’” Silverstein told Harmon. Silverstein said Cubiz might now say: “Hey, I could die in here. They don’t social distance.”

Silverstein said Cubiz’ crimes “do not deserve a death sentence.”

But Doyle told Harmon the sentence should go forward as previously agreed, which was for eight years.

Cubiz then asked to speak. He told Harmon, “I want to apologize to all the victims, everyone at those places of businesses that I frightened. I’m ashamed of what I did. Whether I was high on drugs or not, there’s no excuse. I apologize to my community and my family.”

Cubiz added, “I know I have to pay for what I did. I’ll face the consequences.” But he told Harmon that when he pleaded guilty, “I was not aware of the pandemic. I would have fought harder for less time. I am a diabetic; I have a preexisting condition. I live in a unit with 120 other people. I eat with them. I see people going out sick. I’m willing to serve my time. But I don’t deserve to die.”

Harmon told Cubiz: “We’ve had over 200,000 people die in the U.S. We’re at risk also, sir.”

Harmon sentenced Cubiz to eight years for each of the robberies but made them concurrent for a total effective sentence of eight years, plus four years of special parole.

Silverstein’s parting words to Cubiz were these: “Stay healthy in there.”

Cubiz