FAYETTEVILLE — The attorney for a Springdale man on trial for his role in the robbery of a Fayetteville taxi driver last summer told jurors Monday his client was in the wrong place at the wrong time but did not take part in the theft.
Alberto Delatorre, 18, of 115 Sunnydale Drive in Springdale, is one of three men charged with aggravated robbery and theft of property in the case. His trial began Monday in Washington County Circuit Court and is expected to wrap up today.
LEGAL LINGO
Accomplice
A person who knowingly, voluntarily, or intentionally gives assistance to another in the commission of a crime. An accomplice is criminally liable to the same extent as the principal. An accomplice is typically present when the crime is committed.
Source: law.cornell.edu
"The word 'they' is used too loosely by the prosecutor, was it 'they' who took those things or was it him that took those things," Erwin Davis told jurors. "This guy didn't get into the cab, he didn't get anything."
A co-defendant testified Delatorre did get money from the heist and police said he later confessed. Marco Alverez-Guzman, 18, also testified Delatorre knew a robbery was going down and went along anyway.
Fayetteville officers went to investigate the report of a robbery at 2:52 a.m. July 19 in the area of Betty Jo and Wedington drives.
Dominic Greetan, a driver for NWA Taxi, said he had just dropped someone off at a residence on Betty Jo Drive and had pulled over to write a report and smoke when three men approached him. Two asked for a cigarette while one slipped up behind, held a machete to his throat and threatened to kill him if he did not give them money.
Greetan said he gave the men his money bag, which had about $190 in it. They also took his cellphone, wallet and cigarettes.
Delatorre and Guzman were identified as the men who distracted Greetan while Javaughntaiye Willis, 21, brandished the machete.
While checking the area, police noticed someone open the door of 830 Betty Jo to "peek out," according to the police report.
Officers said they knocked on the door, but no one answered. They set up a perimeter and waited until morning.
Eventually, police spoke with the occupants of the residence, and they allowed officers to search the home.
According to testimony, detectives found the money and the machete along with the taxi driver's wallet, cellphone and a receipt with his name on it in the duplex, along with the three suspects.
"We believe this defendant actively participated in the robbery of Mr. Greetan and we'd ask you to find him guilty of aggravated robbery and theft of property," deputy prosecuting attorney Heather Campbell told jurors in opening statements.
Guzman, 18, pleaded guilty to robbery in Washington County Circuit Court last year. Guzman was charged as an adult and sentenced to 20 years at the Arkansas Department of Correction with three years suspended. He was given credit for 126 days jail time served. The plea bargain also called for Guzman to testify against his co-defendants if necessary.
Willis is awaiting trial on felony aggravated robbery and terroristic threatening charges related to the taxi robbery.
Willis also is charged, along with and J'Donta Britt, 18, with accomplice to rape, related to the assault of a detainee at the Washington County Jail.
Sheriff Tim Helder said the attack took place "off and on" during a 16-hour time frame Dec. 12 and 13.
Willis and Britt tortured the victim by slapping, punching, kicking, elbowing, kneeing and using "edged weapons" to cut him, according to a police report.
NW News on 03/18/2014