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Man gets four-year sentence in IHOP robbery
YOUNGSTOWN
The second of three people convicted of robbing the IHOP restaurant in Boardman using a pellet gun is going to prison for four years.
Angel M. Cruz II, 23, of Boardman, appeared before Judge R. Scott Krichbaum of Mahoning County Common Pleas Court for sentencing Tuesday on one count of robbery. He initially had been charged with aggravated robbery with a gun specification but pleaded to the robbery charge in a plea agreement with prosecutors.
The robbery charge carried a maximum sentence of eight years in prison.
Cruz has faced charges in the past for disorderly conduct twice, drug paraphernalia and possession of drugs. He has also, by order of the court, been treated for substance abuse.
Martin P. Desmond, an assistant county prosecutor, said the prosecutor’s office, in accordance with the plea agreement, recommended a three-year prison term. He said the prison time is needed because Cruz is likely to offend again.
Atty. James Gentile, representing Cruz, reminded the court that his client is a 2008 graduate of Boardman High School who became addicted to drugs. He said the drug use played a major factor in his client’s conduct.
“He was severely addicted to everything out there for a period of two to three years and that made him vulnerable to that call for this robbery,” said Gentile.
Judge Krichbaum ultimately rejected the three-year recommendation and sentenced Cruz to four years in prison. He also is to serve three years on probation upon his release. Cruz will receive credit for the 154 days he has spent in the county jail.
Cruz and his co-defendants — Dwayne Lamont Townsend Jr., 22, of Youngstown, and Bianca L. Santos, 20, of Boardman — approached an IHOP employee as he left the Boardman-Poland Road store about 11:40 p.m. April 3, brandished guns and took the night-deposit bag that contained about $300.
An officer who responded to the call made an investigative traffic stop in the area when he saw a vehicle and passengers who matched the suspects’ descriptions.
The officer found the passengers breathing heavily and saw a deposit bag in plain view. A search of the car turned up a handgun and a small bag of suspected marijuana. Santos, Townsend and Cruz were taken into custody that night.
The gun used in the robbery later was determined to be a pellet gun.
Santos, a former IHOP employee, later was said to be the one responsible for coming up with the idea to rob the store, but Judge Krichbaum made it clear that all three people are equally responsible for the crime.
“This is a good lesson for everyone to understand that if you hook up with someone to commit a crime, no matter what role you play, you are just as guilty,” the judge said.
“I want to apologize to everyone involved in this and take full responsibility,” Cruz said. “I am not this type of person. I don’t want to blame it on my drugs, but it did play a part.”