Maximo San Nicolas Muña, a habitual offender who robbed the poker arcade of J’s Restaurant in Gualo Rai, was slapped with 15-and-a-half year sentence without the possibility of parole.
After he finishes serving his sentence, Muña will be placed on probation for eight years, during which he will be prohibited from possessing or using illegal drugs.
Muna, 22, was required to pay $800 in probation fees and $100 for court costs.
In a written order on Wednesday, Superior Court Associate Judge Kenneth L. Govendo ordered Muña to be incarcerated for 15 years, all suspended except for eight years, to be served without the possibility of parole. He was given credit for one year and 18 days of time served. The sentence was for the robbery case.
For theft, Muña was ordered to serve six months in prison, to be served concurrently with the robbery sentence.
For each of the four counts of disturbing the peace, the defendant was ordered to serve six months in prison or a total of two years, which shall be served concurrently.
Muña was ordered to serve eight and half years in jail without the possibility of parole, which represents the remaining term of his probation sentence in a previous criminal conviction.
In total, Muña was ordered to spend 15 and half years without the possibility of parole.
On June 20, 2013, a jury found Muña guilty of armed robbery. Govendo, who decided on the misdemeanor charges, found him guilty of theft, criminal contempt, and four counts of disturbing the peace.
Assistant public defender Matthew Meyer represented the defendant.
Assistant attorney general James McAllister recommended the maximum 31 years imprisonment, without the possibility of parole.
McAllister said that Muña is a serious danger to the community as over the years, he has shown no intent to obey the laws of a civilized society despite being shown leniency on several occasions.
McAllister said a strong message is warranted and necessary in order to incapacitate and deter Muña from committing similar violent crimes in the future.
The prosecutor said this case involved violence, drugs, premeditation, conspiracy, theft, and multiple victims.
As seen in the video surveillance footage, the four J’s employees were extremely disturbed and ended up running for their lives, McAllister said.
The employees, he said, witnessed a masked man wielding a machete running right past them and into the poker booth, where he stole approximately $100 worth of coins on Oct. 4, 2012.
“The level of sophistication in this case is troubling, as the evidence shows defendant was ‘casing’ J’s Restaurant and enlisting co-conspirators in advance,” the prosecutor said.
McAllister noted Muña’s extensive criminal history, including an August 2010 conviction for attempted murder for which he is still on probation.
In that 2010 case, the prosecutor said, Muña admitted to stabbing the victim several times with the intent to kill during another armed robbery.
McAllister said that despite serving a 3-and-a-half-year sentence, Muña has demonstrated that he is not rehabilitated and has instead committed a very similar crime less than five months after being released from prison.