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Clerk behind staged Beverly robbery gets two years

Photo by Michele Newbanks Luis Ambrosio-Bautista and his attorney, Shawna Landaker, discuss his prison sentence Wednesday morning at the Washington County Courthouse.

The store clerk who was at the center of the staged robbery at the Beverly Par Mar store in July was sentenced to two years in prison Wednesday morning in Washington County Common Pleas Court.

Luis Alfonso Ambrocio-Bautista, 34, of 215 Fifth St. Apt. A, Beverly, pleaded guilty on Dec. 5 to one count of theft, a fifth-degree felony; one count of receiving stolen property, a fifth-degree felony; and one count of possession of methamphetamine, a third-degree felony.

Deputies from the Washington County Sheriff’s Office were patrolling in Beverly on July 5 when they were advised the Marathon station had just been robbed at gunpoint. When deputies and detectives responded, they were told that a male approached the counter and pointed a handgun in the clerk’s face, demanding money from the register.

Bautista was the clerk at the nearby Par Mar store and heard the details of the Marathon robbery. He allegedly convinced Robert Justin Wells, 37, of 3491 State Route 60, McConnelsville, to wear a blue bandana similar to the one the Marathon robber wore and rob the Par Mar.

Wells was originally charged with first-degree aggravated robbery, but when details of the robbery emerged, the charges were dropped to fifth-degree felony theft, as Bautista was the one working as the clerk at the store, so the robbery was staged.

Wells was sentenced earlier this month to 180 days in the Washington County Jail.

During Bautista’s sentencing, Washington County Assistant Prosecutor David Silwani said Bautista had “an extensive criminal history with extensive felonies and misdemeanors on his record.”

Bautista had been placed on community control in the past and failed to respond favorably to past sanctions, Silwani explained.

He noted the pre-sentence investigation indicated the offense was committed for hire as part of organized crime activity.

“It was a set-up robbery as an actual robbery to steal cigarettes. This wasn’t done alone, it was done with someone else and it was planned out,” Silwani added before he recommended a two-year prison sentence.

Bautista’s attorney, Shawna Landaker, asked for community control sanctions instead of a prison sentence. She said there was a bed available at either the STAR Community Justice Center in Franklin Furnace, the Portsmouth Rehabilitation Center or the Oriana House.

“He has a severe drug addiction which he has not been able to overcome,” Landaker said. “He definitely needs treatment and I do not believe he’ll receive that in prison.”

She also disputed the claim the crime was part of organized criminal activity, as it was just Bautista and Wells who were involved.

“There was no organization underlying what went on that day,” she added.

When he was given the chance to speak on his own behalf, Bautista said he accepted his punishment.

“I have a drug addiction I’ve had since I started at age 19,” he said. He added that he came to Ohio to work, but he got involved with the wrong person.

Washington County Common Pleas Judge Mark Kerenyi said Bautista’s criminal history started in California in 2006. His history included convictions for theft, burglary, fraudulent use of an access card, drug possession, possessing a stolen vehicle, trespassing, tampering with a vehicle and carrying a concealed weapon, among others.

Kerenyi said because of his convictions, Bautista had spent a significant portion of his life in jail, “unfortunately without effect.”

“What makes this more serious than the norm is the defense’s occupation obliged the defendant to prevent the offense,” Kerenyi said. “He was the storekeeper in charge of the cash register at the time, and the defendant’s occupation was used to facilitate the offense.”

He added Bautista was supposed to prevent theft, but instead, he stole from the store.

Along with the sentence of 24 months for the possession of drugs charge, he was sentenced to six months in prison for the theft charge and six months in prison for the charge of receiving stolen property. The three sentences are to run concurrently and Bautista is receiving credit for the 195 days he’s already spent incarcerated.

As part of the plea agreement, he will forfeit the Revelation Model 99 revolver used in the crime. He and Wells are also to pay restitution of $1,069.80 to Par Mar for the cash and cigarettes stolen.

Michele Newbanks can be reached at mnewbanks@mariettatimes.com.

At a glance:

• Luis Ambrosio-Bautista, 34, of 215 Fifth St. Apt. A, Beverly, was sentenced to two years in prison on Wednesday.

• He was the clerk at the Par Mar store in Beverly when a staged robbery was held in July 2019.

• Bautista and his accomplice, Robert Wells, staged the robbery shortly after two other local men robbed the Marathon station in Beverly.

• He pleaded guilty in December to theft, receiving stolen property and possession of drugs.

Source: Washington County Court of Common Pleas.

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