Probation sentence for robbery of man in his home

Probation sentence for robbery of man in his home

URBANA — A Mahomet man who admitted taking part in a violent robbery of a Savoy man back in January has been sentenced to four years of probation and six months in the county jail.

Champaign County Judge Thomas Difanis Wednesday sentenced Cody A. Fry, 20, of the 300 block of North Prairieview Road. Fry pleaded guilty in April to the Jan. 15 aggravated robbery of Ryan Martin, 21, who was home when three men forced their way into his apartment in the 1200 block of Wesley Avenue and began struggling with him.

Co-defendant Colton Fender, 21, of the 1100 block of East Timber Drive, was supposed to have been sentenced Friday but Difanis said he gave Fender the wrong set of possible penalties when Fender pleaded guilty in April so he gave Fender his plea back and continued his case until the June pretrial call.

The third defendant, Jordan Fancher, 20, of the 1000 block of Pineoak Drive, Mahomet, also pleaded guilty in April to aggravated robbery and is scheduled to be sentenced by Difanis on May 30.

Assistant State’s Attorney Troy Lozar sought a 10-year prison sentence for Fry, who faced penalties ranging from probation to four to 15 years in prison. Fry is not entitled to any good time on his jail sentence but was given credit for 92 days previously served.

At Fry’s sentencing hearing, Martin testified that his door was kicked in and the three men jumped him.

He sustained bruises over much of his upper torso and even a boot mark on his face as he tried to fight back. Martin said one man held him down while the other two punched and kicked him, then searched the apartment. The men took Martin’s cellphone and about $2,000 in cash which Martin had because he had just sold a car.

Martin described two of the men as acquaintances. The men told deputies they believed Martin might have drugs and cash in the apartment but no drugs were ever found, Lozar said.

Martin testified that he quit struggling when Fender displayed a gun, which turned out to be a BB gun. At some point during the struggle, the gun was fired, hitting Martin in the hand. He declined medical treatment.

A neighbor who heard the commotion called deputies and as help was arriving, the intruders ran from the apartment.

Fry was caught within moments nearby, while Fender and Fancher got away. Fender was arrested about three hours later at his home and Fancher later turned himself in. Lozar said deputies never did find the cash or Martin’s cellphone.  

Lozar dismissed a more serious charge of home invasion against Fry in return for his plea. Fry had a prior misdemeanor cannabis possession conviction from 2011 while Fender was on first offender probation from a 2012 possession of a controlled substance case.

Difanis also ordered Fry to make restitution of $670 to the victim.
 

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kyedpa5 wrote on May 21, 2013 at 12:05 pm

I hate to say it, but something tells me that if instead of being from Mahomet, if these kids were from north Champaign they wouldn't have gotten the residential burglary charges that require a minimum four year sentence dropped...