Angelina Co. judge refuses to accept robbery suspect's plea

Angelina Co. judge refuses to accept robbery suspect's plea

LUFKIN, TX (KTRE) - After a defendant's testimony about his part in an alleged attempted robbery that occurred at a home on O'Quinn Avenue back in March did match up to the charge he was pleading to, an Angelina County judge rejected his guilty plea Wednesday.

Xavious D'Quan Irvine, 21, of Lufkin, appeared in Judge Paul White's 159th Judicial District Court for a plea hearing Wednesday morning.

Irvine initially pleaded guilty to a first-degree felony aggravated robbery charge. However when he gave his testimony, Irvine said that he didn't go into the home with the intent to rob its occupant.

During his testimony, Irvine said he went to buy marijuana, and when his friends took too long, he went to check on them. He said he saw them fighting with the occupant and tried to break it up.

Irvine told the judge that the only thing he did wrong was having a gun without a permit.

As a result, White wouldn't accept the plea. Now the case will proceed to a jury trial.

Irvine was one of five people arrested in connection to the alleged robbery attempt.

Lt. David Casper, a spokesman for the Lufkin Police Department, said after the victim arranged to sell a dog, the suspects arrived at the house in the 1000 block of O'Quinn Avenue and went inside. When one of the suspects allegedly pulled a gun, the victim struggled with him while he was drawing his own weapon.

Once the suspects realized that the victim had a gun, they fled the residence, Casper said. The victim and another man were able to catch one of the suspects and hold him while someone called the police.

"No one thought to lock the back door, and one of the suspects came back in," Casper said. The suspect fired multiple shots into the residence. The victims released the other suspect, and they fled."

LPD officers located the five suspects a few blocks from the home.

Copyright 2015 KTRE. All rights reserved.