Man gets seven years for robbery

Wednesday, Feb. 3, 2010

A Temple Hills man convicted by a jury last October of robbing and assaulting a Domino's Pizza employee was sentenced Friday to seven years of incarceration, without probation.

"It was pretty egregious, what happened," said Judge Warren Krug before sentencing 23-year-old Stephen J. Covington for the robbery charge merging a second-degree assault charge and theft over $500, all of which a jury convicted him. Covington was not convicted on armed robbery charges.

The charges stem from a May 14, 2009, incident in which an employee at Domino's Pizza on Church Street in Prince Frederick was robbed at gunpoint when he was pushing a trash Dumpster to the alley behind the Prince Frederick Shopping Center around 10:30 p.m. He was approached by a man who was pointing a gun yelling, "Get on the ground, give me your money," according to charging documents.

Evidence in the trial included a B.B. gun with CO2 cartridges, a tape from a video surveillance camera and witness testimony.

Covington's brother, Marcus D. Spencer, 27, of St. Leonard, will face charges of armed robbery, robbery, conspiracy, second-degree assault and theft less than $500 for the May incident at a jury trial scheduled to begin March 3, court records state.

"[Covington] is the major offender in the robbery," said State's Attorney Andrew Rappaport at the sentencing hearing.

Rappaport asked the court for 10 years without probation and listed several of Covington's prior convictions including two counts of second-degree assault and possession of marijuana.

"He was on probation when this offense occurred," Rappaport said, adding "probation is not applicable at this time." Probation is a privilege, not a right, he said.

However, Covington told the judge, "I was at the scene of the crime, but I didn't assault anyone." His attorney, Public Defender Mary Katharine Fowler, also referred to his brother's involvement in the crime.

Prior to sentencing, Fowler argued that the sentencing guideline score that gave a point for weapon usage was incorrect, saying the jury did not convict him of armed robbery so the guidelines should read up to five years.

Rappaport read from a book, quoting about sentencing guidelines, which stated a judge may take in account "weapon usage in a robbery" if the weapon was a CO2 pellet gun.

This case involved a CO2 B.B. gun, he said, and even though the defendant was not convicted of armed robbery, the gun can be taken into account during sentencing.

Krug agreed with Rappaport, saying the guidelines were written up correctly.

Fowler objected several times when Rappaport reviewed case testimony regarding the use of a gun during the offense, saying Covington was not convicted of armed robbery or use of a weapon. Rappaport responding, saying the victim thought it was real and that he was afraid he was going to be shot.

charvat@somdnews.com