Originally charged with aggravated battery, aggravated burglary and three counts of aggravated robbery, Zachary John Pence pleaded no contest to two robbery charges as part of a plea deal with the state.
Pence testified at the preliminary hearing in December that he, 21-year-old Yusef Kindell, 22-year-old Cody Kukuk, 20-year-old Driskell Alan Johnson and 21-year-old Gabriel Patterson, all of Lawrence, agreed to rob “these people who sold weed." The five then went to the apartment, where Pence broke in.
According to codefendant and victim testimony at Patterson’s trial this week, Pence, Kukuk and Johnson entered the apartment, while Patterson and Kindell stood on the porch landing just outside the door. Kukuk, armed with a wooden table leg, Johnson, armed with an unloaded gun, and Pence, then battered the Kansas University students inside and stole more than $1,000 in cash, about four ounces of marijuana and an Xbox from the home.
One of the victims, Jacqueline Wells, recognized the unmasked Pence from high school and immediately told Lawrence police, who were able to arrest Pence the same day. Wells, Pence, Kukuk, Johnson and Patterson all attended Lawrence high schools around the same time, they testified.
As part of his plea negotiations, Pence agreed to be forthcoming with law enforcement and admitted to his criminal activity about five days after his arrest. Additionally, he agreed to testify for the prosecution at both the preliminary hearing for all codefendants and at codefendant Gabriel Patterson’s jury trial this week.
He also completed in- and out-patient substance abuse treatment, had to wear an ankle bracelet monitoring his alcohol intake and now submits to urinalysis weekly, he testified in court Tuesday during Patterson’s trial.
Because he complied with the terms of the plea negotiations, Pence said Tuesday, Senior Assistant Douglas County District Attorney Eve Kemple agreed to stand silent at sentencing, request that he not be assessed any fines nor have to register as a violent offender at the completion of his sentence.
Depending on Pence’s criminal history, District Judge Paula Martin could sentence Pence to between 31 months and 136 months in prison for each charge. If Pence has no prior felony convictions, Martin would have the option to order Pence to serve his sentence on probation rather than behind bars.
Pence’s attorney, Jim Rumsey, said Friday at Pence’s plea hearing that he plans to file a motion to request a “nonprison sanction,” or probation, at his client’s sentencing hearing.
Pence is scheduled to be sentenced on June 26. He has been free on a $20,000 bond since December.
Pence’s plea was the last in the case. Johnson pleaded guilty to two counts of aggravated robbery in March, and earlier this month, Kukuk pleaded no contest to aggravated robbery, robbery and aggravated burglary, and Kindell pleaded no contest to two counts of robbery. A jury found Patterson guilty Wednesday of aggravated burglary and three counts of aggravated robbery.相关的主题文章：


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