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By
D.C. Witness Staff
- June 26, 2020
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A defendant pleaded guilty to second-degree theft and was sentenced on June 26 to time served. He now awaits additional sentencing for violating the conditions of his supervised release in another case.
Wayne Jones, 25, was initially charged with robbery for stealing money from a Dunkin’ Donuts on Jan. 3. He was using the bathroom in the store when he realized his phone had been stolen. He then asked an employee, who was counting money, to use her phone. He took that opportunity to steal the money she left on the counter.
The prosecution argued that there was video footage of the incident. Investigators also found Jones’ DNA on a water bottle left at the scene.
Joseph Yarbough, Jones’ defense attorney, said Jones was homeless at the time of the incident and that he had a baby on the way.
Yarbough said that his vulnerable situation, coupled with his loss of his phone, an expensive piece of property, had a significant impact on his decision.
Yarbough also argued that Jones’ mental health history played a role in the incident, a notion echoed by both the prosecutor and DC Superior Court Judge Michael Ryan.
During Jones’ sentencing, Judge Ryan emphasized the importance of ensuring Jones had access to mental health services going forward.
“In my mind, the greatest thing I could do is get services in place for you,” he said.
Jones had been held in jail awaiting trial since Jan. 9, which amounts to 169 days. Since the maximum sentence for second-degree theft is 180 days, Judge Ryan sentenced Jones to time served.
“It doesn’t seem to me that it is sensible to sentence you to some further period of time in this case when there is practically no time left,” Judge Ryan said.
At the time of his offense, Jones was on supervised release stemming from a 2016 charge of second-degree cruelty to children. He was sentenced under the Youth Rehabilitation Act and received 3 years of supervised release, which was set to expire on Feb. 14, one month after his incident in January.