Yates convicted of armed robbery
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The defendant, Robert Yates, 39, was convicted on the charge of aggravated robbery Monday after less than an hour of deliberation by jurors. He remains held pending sentencing May 24 at which time he will face 20 to 30 years in prison as a range-three offender.
Prosecutors proved it was Yates who slashed Mark?s Market co-owner Nancy Patel on the hand when he robbed her cash register of around $700 last September. Patel, during her time on the witness stand, pointed to Yates as her attacker. Police investigator Tony Jenkins added Mrs. Patel also picked Yates out of a photo lineup shortly after the robbery.
?Without any hesitation she picked Robert Yates out of the lineup,? testified Jenkins, noting that while Mrs. Patel had some problems with the English language, she seemed certain of her identification.
However, for the defense, attorney Tracie Caten questioned Patel?s original statement to police that her attacker was a Mexican. Caten pointed out lawmen later veered away from looking for a Hispanic male and began concentrating on Yates. She also pointed out there were no Mexicans included in the photo lineup shown to Patel.
In response, prosecutors pointed to the chance encounter between off-duty Patrol Sgt. Rusty Woodlee and Yates inside the market a short time before the heist. Police were not aware of the encounter until the following day, at which time Jenkins said the focus went from a Hispanic to Yates.
Woodlee testified Yates was holding a cloth over his face when he first saw him and that he was also dressed the same as the person who robbed Patel. Yates reportedly dropped the cloth when he saw Woodlee, carrying on a short conversation with the off-duty lawman.
Prosecutors also pointed out Yates is dark skinned, perhaps leading to Mrs. Patel?s first statement.
?Use your common sense,? said District Attorney General Dale Potter in his closing statement to the jury addressing the cloth Yates held over his face. ?The chances are officer Woodlee interrupted the robbery when it was first going to happen because Mr. Yates recognized him.?
Along with questioning Patel?s original statement, the defense attacked the victim, pointing out her husband, Sam Patel, is presently facing sentencing in federal court for the sale of meth-making products. The inference prompted Mrs. Patel to break down into tears as she told jurors she had nothing to do with any illegal enterprise.