A Claypool man was sentenced this morning to 10 years in jail on charges of robbery with a deadly weapon.
Kosciusko County Superior Court Judge David Cates sentenced Daniel Ybarra Jr., 31, Claypool, to 10 years incarceration with the Indiana Department of Corrections with the final two years suspended and on probation, on April 2014 charges of robbery with a deadly weapon.
“You’re going to pay the cost of this action,” Cates said.
On April 24, 2014, Ybarra committed an armed robbery at the Lassus Handy-Dandy at 1900 Plaza Drive, Warsaw, according to a probable cause affidavit filed with the county prosecutor’s office. The clerk told police a man pulled out a black hand gun and said, “I need the money or else I’m going to shoot, gotta feed my babies.”
The clerk said he gave the man $80 from the cash register and the man left the store. On April 25, 2014, officers questioned residents in the area about the robbery. Officers spoke to Ybarra’s girlfriend and she helped the officers search for evidence. They found a handgun underneath a mattress which proved to be a pellet gun.
Ybarra said he wanted to “get on with his life,” and asked judge Cates to give him the opportunity to prove himself.
“I just want to get out and do right, your honor,” Ybarra said. “I just need to get on the right path.”
After looking over his criminal history, judge Cates noted Ybarra’s prior felonies.
“You’ve had multiple opportunities over and over again,” Cates said.
Ybarra’s attorney, Christopher D. Kehler of Kehler Law Firm, said Ybarra did not intend to inflict a mortal injury.
Judge Cates said the maximum sentence for this crime could have been 20 years.
“I have given you a break,” Cates said.
(Story By The Times Union)