CLINTON — The State of Iowa will recommend a suspended sentence for a DeWitt man who pleaded guilty to felony burglary.
Brandon P. Armstrong, 29, appeared Thursday in Clinton County District Court and pleaded guilty to the lesser included offense of second-degree burglary, a Class C felony. The State will recommend a suspended sentence at sentencing. Armstrong may withdraw his plea if the recommendation is rejected by the court. The State will dismiss charges of first-degree robbery and interference with official acts at sentencing, with any costs assessed to Armstrong.
The court deferred acceptance or rejection of the plea agreement until it receives the pre-sentence investigation report. The court ordered a search of the deferred judgement docket. Sentencing is set for 9:15 a.m. May 24.
According to the affidavit, at 9:30 p.m. Nov. 30, 2016, an officer with the DeWitt Police Department was dispatched for a burglary that had just occurred. An officer arrived on scene and made contact with a male and female. The officer was informed three black males had just entered the residence through a back door and went downstairs, stealing several items and threatening the male, who had been downstairs playing video games.
The victim was able to identify one of the males and knew a second male was still in high school. The victim described the second male as wearing a dark coat with a tan or gold scarf. The victim said the male was armed with a fire extinguisher, which had originally been hanging on the basement wall. The victim said that on two occasions the subject held the fire extinguisher above his head and threatened the victim. The victim could not identify the third subject. The third male was reported to have been carrying a log approximately 4 inches in diameter and 20 inches in length. The victim reported he was threatened with the log at the same time he was threatened with the fire extinguisher.
The affidavit states the victim reported in a voluntary statement that approximately two hours before the burglary, one of the males had come into the house with a second male to look for a key, which he reported he lost the weekend prior while hanging out at the victim’s residence. The victim reported the two males wore the same clothes during the burglary as they had on when they first came to the house. The victim reported a male had a partially wrapped Bulls sweatshirt around his face during the burglary. The victim reported a vaporizer, a Bluetooth speaker, a camouflage digital coin jar with loose coins and $160 were taken.
The affidavit states that at 10:50 p.m., an officer went to Kwik Star and asked if any black males had been in the store within the past hour. The Kwik Star clerk advised one younger black male along with an older black male who had facial hair had been at the convenience store and were trying to split $165 three ways. Review of the Kwik Starr Video footage showed two males enter Kwik Star at 10:03 p.m. Nov. 30. The two males walked around the store before it appeared a male handed the cashier change and the cashier then provided cash in return. One male also was shown to have cash in his hand.