Suspect in robbery sentenced to prison
Another granted mitigation hearing next month
Two of the suspects arrested in connection to an armed robbery of a man standing on a street corner appeared in Yuma County Superior Court Wednesday morning, with one being sentenced to prison and the other being granted a mitigation hearing.
During what was supposed to be his sentencing, attorney Allison Engler, who was appearing on behalf of 22-year-old Andres Cedeno for the purpose of the hearing only, asked for a mitigation after Presiding Superior Court Judge David Haws informed them as to what sentence he intended to impose.
Haws had informed Engler that he intended to sentence Cedeno to 3-1/2 years in prison, with credit for 127 days previously served, which was in accordance with his plea agreement. He also ordered that Cedeno pay $500 to the victim in the case and $19,000 to the city of Yuma for the two police cars he damaged.
In granting Engler’s request, Haws scheduled the mitigation hearing for next month, with sentencing to follow afterwards.
Cedeno, who remains in custody on a $50,000 cashonly bond, pleaded guilty last month to one count of theft of means of transportation in a plea agreement. In return for his guilty plea, a felony charge of criminal damage against him was dismissed.
Under the terms of the plea agreement Cedeno would receive a prison sentence ranging from two years to eight years, with the presumptive sentence being 3-1/2 years.
In a separate hearing, Haws sentenced 26-yearold Angel Lomavitu to 7-1/2 years in prison, with credit for 127 days previously served, for his role in the armed robbery.
Lomavitu, who also remains in custody, pleaded guilty last month in a plea agreement with prosecutors to one count aggravated assault.
He also pleaded guilty to one count of misconduct with weapons in a separate plea agreement to which Haws sentenced him to 4-1/2 years in prison, with credit for 131 days previously served.
“In each of these cases, there has been a prior determination of your guilt based on your plea agreements,” Haws said.
Because Haws ordered the sentences be served concurrently, Lomavitu will serve them both at the same time, but will still have to serve the entire length of the longest sentence.
According to Yuma police, at approximately 6:07 p.m. March 15, officers responded to a report of an armed robbery that took place in the 1500 block of South Avenue A.
The victim told police he was standing on the northwest corner at S. Avenue A when a white BMW pulled up to him.
A passenger in the vehicle, identified in court records as Lomavitu, then demanded property from the victim while brandishing a handgun, which appeared to have a malfunction when he attempted to shoot it. At that point, the victim ran from the area and called police.
Minutes later, an officer located the vehicle in the area of 8th Street and Avenue B, but the driver, identified in court records as Cedeno, refused to stop. The pursuit was soon called off due to safety reasons.
The vehicle was last seen crossing the Ocean-to-Ocean Bridge into California, according to police, and was found abandoned a short time later in a Winterhaven parking lot. The BMW was later reported stolen.