Friday, June 30, 2006
Steamboat Springs A Craig man accused of using a gun to rob a Steamboat Springs man of 10 grams of methamphetamine pleaded guilty to felony robbery and menacing during a court hearing Friday.
Apollo William Clark, 20, pleaded guilty to the charges as part of a plea agreement reached with the District Attorney's Office. In exchange for the plea, Deputy District Attorney Tammy Jenson will dismiss the other charges Clark was facing, which included aggravated robbery and possession of a Schedule II controlled substance.
As part of the plea agreement, Clark agreed to pay an undetermined amount of restitution to a Steamboat Springs man that was struck in the head with a .357-caliber Magnum revolver used during the robbery.
District Judge Michael O'Hara told Clark on Friday that the attorneys had not reached an agreement on sentencing stipulations for Clark.
The man's attorney, Ron Smith, told O'Hara that any sentence O'Hara imposed would be served concurrently.
Clark is scheduled to be sentenced at 1 p.m. Aug. 25.
The co-defendant in the case, David Kim Johnston, 31, of Craig, pleaded not guilty to the charges he faced during the court hearing, and will now have his case go to trial.
Johnston's attorney, Kris Hammond, told O'Hara he had not been able to reach a plea agreement with Assistant District Attorney Kerry St. James in the case.
Johnston is facing charges of aggravated robbery, possessing a Schedule II controlled substance, possessing a weapon by a previous offender and felony menacing.
Johnston's trial is scheduled to begin Dec. 7.
Johnston and Clark, along with three other Craig residents, were arrested in February on suspicion they entered a Steamboat Springs trailer home with the intention to purchase methamphetamine from the home's owner, Thomas Payne.
Clark and Johnston were the only two to enter Payne's home, and they reportedly offered Payne the .357--caliber Magnum for 10 grams of meth. After Payne reportedly refused the exchange, Clark and Johnston threatened Payne with the gun and hit another man who was at Payne's home in the head with the gun.
Payne eventually gave the men the drugs, and Hayden police arrested Johnston, Clark and the three other Craig residents that were waiting in the car, as they drove through Hayden on U.S. Highway 40.
Payne later was arrested on suspicion of possessing a Schedule II controlled substance, criminal use of a controlled substance, possessing a weapon by a previous offender and false reporting. When Payne called police to report the theft, he told police he had been robbed of $700 in cash, not meth.
Payne is scheduled to appear in Routt County District Court for arraignment at 2 p.m. July 13.