March 4, 2015 at 4:00 p.m.
Gas station robbery suspect enters guilty plea
Gas station robbery suspect enters guilty plea
Byron K. Lewis, 44, entered the plea as part of a plea agreement in which prosecutors agreed to drop the repeater enhancer from the armed robbery charge. Assistant District Attorney Steve Michlig and Lewis' attorney Mary Burns told Branch I Judge Patrick O'Melia that Lewis accepted the agreement with the understanding that the recommended sentence would be 10 years in prison followed by 10 years extended supervision.
Lewis is currently serving extended supervision in connection with previous armed robbery convictions in 2008 and 1999. Burns told O'Melia that Lewis has waived his right to an extended supervision revocation hearing, but a final determination regarding his supervision term has not been made.
Rather than accept the plea agreement, O'Melia ordered a pre-sentence investigation be conducted.
"The sentence is pretty long here and I need more (information) then I could get from counsel here," O'Melia said. "I want a little more time to think about it before I throw 20 years at you, 10 in and 10 out. I want to know a little more about Mr. Lewis here. I'm not saying I won't follow the agreement, I'm just saying I need more info."
O'Melia then set sentencing for April 30 to allow time for the investigation to be completed and a report issued.
Armed robbery is a class C felony, punishable by up to 40 years in prison and a fine of up to $100,000.
Lewis admitted to robbing the Krist gas station along U.S. Highway 51 in Woodruff at approximately 8:15 p.m. Nov. 9. The police report attached to the criminal complaint states Lewis walked into the store wearing a two-toned grey hoodie with his face covered with a black balaclava-style ski mask. When he got to the counter, he produced a gun from the hoodie pocket and demanded money. He then fled the station on foot heading north.
Officers from the Woodruff Police Department, Minocqua Police Department, Oneida County sheriff's office, Vilas County sheriff's office and Wisconsin State Patrol descended on the scene. K-9 units from the Rhinelander Police Department and Lac du Flambeau Police Department also responded.
Police found fresh foot prints in the snow heading in the direction the robber fled. In the shoe prints, a distinct impression of the shoe brand "Polo" could be seen. Based on the size of the impressions, investigators estimated that the shoe size was either a 10 or 11.
At about 9:59 p.m., officers received a call of a suspicious red mini-van in the parking lot of Trig's grocery in Minocqua. Employees of the store reported that the van, driven by an African-American male, left the parking lot headed toward Walmart. A Minocqua Police Officer and a sheriff's deputy arrived at Walmart and made contact with Lewis inside the entrance to the store. According to the police report, the first thing they noticed was that Lewis was wearing Polo shoes matching what made the shoe prints in the snow at the crime scene. When they patted Lewis down to ensure he had no weapons, they found two gray M&I bank money bags that matched what the robber had taken from the Krist station. He also had a large amount of money in his wallet and change on his person, according to the report.
Lewis was then arrested and transported to the Oneida County Jail on the robbery charge.
The next day, when executing a search warrant on Lewis' van, investigators found the hoodie, mask and a CO2 pellet pistol that resembled a Beretta handgun that they say he used in the robbery. The report states they also found $156 in rolled coins and another Krist bank bag containing $425 in paper currency in it. In all they recovered just over $1,000; either on Lewis' person or in the van that police say was taken in the robbery.
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