Daniel Ybarra, 31, East CR 800S, Claypool, was given a break by Kosciusko Superior Court Judge David Cates when he was sentenced this morning for the April 24 robbery of Lassus Handy-Dandy, Warsaw.
His plea agreement was accepted — he pleaded guilty to armed robbery, a class B felony, with the charges of theft and being a habitual offender dismissed. He was sentenced to 10 years at the Indiana Department of Corrections, with two years suspended. Those two years will be served on probation. He was given credit for 29 days served.
Christine Hampton, deputy prosecuting attorney, noted Ybarra’s extensive juvenile and adult criminal history stating, “If events would have escalated, someone would have been hurt. The clerk keeping his cool was courageous.”
“You do have an extensive criminal history,” stated Cates, noting Ybarra has 40 prior felonies, the most recent on April 25, 2012. While Ybarra and his attorney asked the court to give him a chance and opportunity to prove himself, Cates noted, “You have had multiple opportunities given … read your history it’s repeated over and over again. You made the statement you did something stupid. You and I agree on that.”
Cates did give him credit for actually taking responsibility and showing some remorse for his action. “An air soft gun is difficult to inflict harm, but if the victim had been armed, it could have been worse, for you,” Cates stated, adding, “The maximum (for the charge) is 20 years. I’m giving you a break.”
It was on April 24, 2014, a clerk with Lassus Handy-Dandy reported a Hispanic male pulled a black handgun out of his pocket, held the handgun at his chest with his left hand and stated, “I need the money or else I’m going to shoot, gotta feed my babies.” The suspect was wearing a white sweatshirt with graphics on the hood and chest, work boots and a red bandanna covering his face. The bandanna was left behind at the scene.
He was arrested the following day at Shamrock Mobile Home Park where he had left the items he wore during the robbery at the home of a former girlfriend.