Erie County District Attorney Frank A. Sedita, III announced that 31 year-old Carl Evans, 28 year-old Derrick Person, and 34 year-old Mark Thompson a/k/a Mark Day, were all convicted of Robbery in the First Degree, as charged, after a 15 day jury trial before State Supreme Court Justice Russell P. Buscaglia.
On March 2, 2013 and armed with a rifle, Thompson and Person robbed a 30 year-old Cheektowaga man of his cellphone, money, jacket and jewelry as he was walking out of a store on East Ferry and Roehrer in the City of Buffalo. Evans drove the getaway car.
All three defendants were chased and apprehended by Buffalo Police Officers Brian Griffin and Joshua Heidinger. The victim’s jacket and cellphone were recovered inside the getaway car. The victim’s jewelry was recovered in Thompson’s pants pocket. DNA on the rifle, which was discarded during the police chase, further connected the defendants to the robbery.
Despite the victim’s identification, the police chase, the recovery of the gun used in the robbery, the DNA, and the recovery of the robbery proceeds, defense counsel suggested the victim was lying and argued that the evidence was insufficient to convict.
The case was successfully prosecuted by Assistant District Attorney John P. Feroleto and Assistant District Attorney Diane S. Meldrim. Sentencing is scheduled for February 26, 2014 at 9:30 a.m. before Justice Buscaglia. Evans and Person each face a maximum prison term of 25 years and Thompson faces a maximum prison term of 25 years to life as a persistent violent felony offender.