Saturday, November 01, 2014

Sentencing delayed in Chinese restaurant worker attack

By DOUG CARDER, Herald Senior Writer | 5/5/2014

The sentencing of an 18-year-old Ottawa man who was arrested in connection with the July 2013 assault and robbery of a 57-year-old man in the parking lot of an Ottawa Chinese restaurant has been continued until late June.

Terry T. Gibson Jr. pleaded no contest to one count of robbery in March in Franklin County District Court, 301 S. Main St., Ottawa. As part of a plea agreement that could require Gibson to provide testimony against a 17-year-old, male codefendant in the case, prosecutors amended the complaint against Gibson from one count of aggravated robbery to one count of robbery.

The sentencing of an 18-year-old Ottawa man who was arrested in connection with the July 2013 assault and robbery of a 57-year-old man in the parking lot of an Ottawa Chinese restaurant has been continued until late June.

Terry T. Gibson Jr. pleaded no contest to one count of robbery in March in Franklin County District Court, 301 S. Main St., Ottawa. As part of a plea agreement that could require Gibson to provide testimony against a 17-year-old, male codefendant in the case, prosecutors amended the complaint against Gibson from one count of aggravated robbery to one count of robbery.

Matt Franzenburg, a prosecutor with the Franklin County Attorney’s Office, told District Judge Thomas H. Sachse Monday afternoon that the case against the 17-year-old codefendant had yet to be resolved. Franzenburg told the judge he anticipated the case would be resolved by mid-June.

Judge Sachse set Gibson’s sentencing for 2 p.m. June 30.

Jack Hobbs, Gibson’s defense attorney, did not object to continuing Gibson’s sentence to June 30. In March, Hobbs said his client understood he likely would receive time in state prison in the felony case. The Level 5 felony carries a sentencing range of 31 months to 146 months in state prison. Hobbs requested his client be given a mid-range sentence.

But Hobbs said Monday if the case against the codefendant was not resolved by June 30, he would object to any further continuances of his client’s sentencing.

During March’s hearing in which Gibson entered his no contest plea, Franzenburg stated Gibson was serving as a lookout during the July 11, 2013, robbery and did not attack the China Palace employee who was walking to his car about 11 p.m. that night after the restaurant closed.

A subsequent investigation led Ottawa police detectives to Gibson and the codefendant, Franzenburg said. Detectives found the victim’s credit card and iPad in Gibson’s room the day after the robbery, Franzenburg said.

The victim, who told police he did not see his attacker, suffered minor injuries and was transported to Ransom Memorial Hospital, 1301 S. Main St., Ottawa, where he was treated and released, according to an Ottawa Police Department report.

Robbers took an undisclosed amount of money, an iPad, a man’s brown wallet and a black attache-style bag from the injured man, the police report said.

Ottawa police detectives and officers developed leads about multiple suspects, and the department’s Special Tactics and Rescue Team served a search warrant July 12 in the 300 block of South Walnut Street and a second search warrant July 13 in the 600 block of South Hickory Street, according to a police department news release. Evidence and items taken during the robbery were recovered from both Ottawa residences, the release said.

Gibson remains in the Franklin County Adult Detention Center, 305 S. Main St., Ottawa, awaiting his sentencing.

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