LUFKIN, TX (KTRE) - A 22-year-old Lufkin man was released from the county jail after a judge sentenced him to 7 years of deferred adjudication/probation Thursday for his part in an alleged attempted robbery that occurred at a home on O'Quinn Avenue in March of 2015.
Judge Paul White's decision came after he initially rejected Xavier D'Quan Irvine's guilty plea for a first-degree felony aggravated robbery charge in October of 2015 after Irvine's testimony didn't match up the charge he had pleaded to.
Irvine, who has already served two years in the county jail, 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, according to a previous East Texas News story.
During his testimony at the previous plea hearing, 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.
Irvine appeared in White's 159th Judicial District Court with John Reeves, his defense attorney, Thursday morning. His mother, sister, and fiancé were present as well. As part of the sentencing, White sentenced Irvine on a lesser robbery charge instead of the original first-degree felony aggravated robbery charge.
"They know that the challenge has just begun to turn this young man around and for him to have a full life," Reeves said.
The defense attorney presented the court with letters from the assistant warden at the jail and coordinators that listed Irvine's positive attributes, explained that he has been receptive to instruction, and stated that he will work to get his CDL license upon being released.
White told Irvine he had told the court several versions of what happened and although the firearm used in the robbery was his, someone else ended up using it.
As part of the conditions of Irvine's deferred adjudication, he will be required to serve seven years of community service, live with his mother, call in every day except Sundays, and be subject to drug testing and "cold call ins." In addition, he is banned from having any contact with the co-defendants in the case and owning a firearm. He will also be required to have a job within 30 days and pay both a $500 fine and a $50 Crime Stoppers fee.
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.