Mit­i­ga­tion hear­ing in bank rob­bery case OK’d

Yuma Sun - - NEWS - BY JAMES GIL­BERT @YSJAMESGILBERT James Gil­bert can be reached at jgilbert@yu­masun.com or 539-6854.

The at­tor­ney rep­re­sent­ing the man charged in con­nec­tion to the armed rob­bery of a branch of the Na­tional Bank of Ari­zona last year asked for a mit­i­ga­tion hear­ing on Wednes­day af­ter be­ing in­formed of the sen­tence his client would re­ceive.

Dur­ing what was to be Richard Howard Weigelt’s sen­tenc­ing in Yuma County Su­pe­rior Court, Su­pe­rior Court Judge David Haws in­formed at­tor­ney Richard Edgar that he in­tended to im­pose a pre­sump­tive prison sen­tence of 1 1/2 years, with credit for 215 days pre­vi­ously served, in one of the three cases against him.

Judge Haws also stated that he in­tended to sen­tence Weigelt to an­other 1 1/2 years in prison, this time with credit for 217 days pre­vi­ously served, in one of the other cases, and that it would be served con­cur­rently with his other prison sen­tence.

As for the last of the three cases, Haws said he planned to sen­tence Weigelt to a term of su­per­vised pro­ba­tion, which he would be­gin serv­ing once he was re­leased from prison.

Pros­e­cu­tor Joshua Sal­is­bury, of the Yuma County At­tor­ney’s Of­fice, upon hear­ing that Edgar had re­quested a mit­i­ga­tion hear­ing, asked the court for the op­por­tu­nity to present ag­gra­vat­ing fac­tors. Haws granted the pros­e­cu­tion’s re­quest and sched­uled the hear­ing for 1:30 p.m. on Aug. 8, with sen­tenc­ing to pos­si­bly fol­low.

Dur­ing a mit­i­ga­tion hear­ing, the de­fen­dant’s at­tor­ney presents ev­i­dence or tes­ti­mony to show why their client should re­ceive a re­duced sen­tence. How­ever, the pros­e­cu­tion can also present ev­i­dence or tes­ti­mony in an at­tempt to get the judge to im­pose a longer sen­tence.

Weigelt, who re­mains in cus­tody on a $55,000 bond, pleaded guilty to of­fenses in three sep­a­rate plea agree­ments last month. In re­turn for his guilty pleas, mul­ti­ple other charges against him were dis­missed.

Ac­cord­ing to Yuma po­lice, the Na­tional Bank of Ari­zona, 2415 S. Av­enue A, was robbed Dec. 7, 2017, by a man who im­plied he had a weapon.

The ini­tial in­ves­ti­ga­tion into the in­ci­dent re­vealed the sus­pect, iden­ti­fied as Weigelt, handed the bank teller a note, told her he had a gun and de­manded money. No gun, how­ever, was ever dis­played. The teller handed the sus­pect an undis­closed amount of money, and he fled the bank.

Weigelt was found in the 700 block of 24th Street later that night and taken into cus­tody with­out in­ci­dent.

RICHARD H. WEIGELT

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