Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, February 16, 1995 TAG: 9502160091
SECTION: VIRGINIA PAGE: C-4 EDITION: METRO
SOURCE: SARAH HUNTLEY STAFF WRITER
DATELINE: LENGTH: Medium
Rushing, 18, of 1314 Second St. S.W., pleaded guilty to two counts of robbery and one count of attempted robbery in October and appeared before Judge Kenneth Trabue for sentencing Wednesday.
Trabue handed down a suspended sentence of 20 years for the two robbery counts but ordered Rushing to serve time for attempted robbery as a part of a special program for young, first-time offenders.
Assistant Commonwealth's Attorney Randy Leach said the youthful offender classification is a sentencing option in cases involving defendants younger than 23 who are facing their first adult charges. Youthful offenders serve penitentiary time but are housed in a separate facility. They also receive special education and vocational training opportunities, Leach said.
According to police, Rushing and his co-defendant, James Cobb, approached four teens outside T.J. Maxx about 5 p.m. May 7 and demanded money from them. The victims refused until Cobb showed them a gun in the waistband of his pants, police said.
Cobb and Rushing returned to the same location an hour later, intending to commit another robbery, police said, but the attempt was foiled when one of the would-be victims said he also had a gun.
Cobb appeared in court in October and pleaded no contest to four counts of robbery, one count of attempted robbery, one count of using a firearm in a felony and one count of brandishing a firearm. He was sentenced to 18 years in prison.
Leach said the reduced charges against Rushing were appropriate because his involvement was less aggressive.
"He did not have the gun. He didn't say anything. He was just there for the first robbery," Leach said. "In the second robbery, he took $5 from one guy because he was standing closer to him. Had he not taken the money, we might not have had a case."
by CNB