One found guilty of accessory in robbery case by James Jacenich • Staff Writer
MONTEREY -Bank robbery suspect Tommy Lee Brewer of Durbin, W.Va. testified in Highland district court against his nephew, Dustin Turner, 29, no address given, in Turner's trial on a class 1 misdemeanor charge of being an accessory after the fact to the armed robbery of the Blue Grass Valley Bank Oct. 6.
Turner was found guilty by Judge Gregory Mooney and sentenced to 12 months in jail, the maximum time allowed under the law.
In making his decision, Mooney said Turner provided assistance to Brewer over "an extended period of time and area. His assistance was not limited to making a statement to conceal Brewer's whereabouts."
Also, Mooney said the violent nature of the crime Brewer is accused of was a factor in deciding the penalty.
Turner, represented by attorney Betty Cauley of Warm Springs, testified he did not know Brewer had robbed the bank.
Brewer testified Turner helped him hide the money taken from the bank and the gun used in the robbery in a utility shed near the home of Brewer's sister, Sandy Moyers, south of Blue Grass. Brewer also said Turner arranged for a vehicle to take him to Churchville and helped him buy a car.
Cauley attempted to discredit Brewer's testimony by pointing out that Brewer admitted he was "zoned out and on drugs" the day of the robbery and his memory of that day's events were sketchy. Mooney later said that while Brewer's testimony "was imprecise and in a sense unreliable to details, the basic structure of his testimony was credible."
Mooney also said the fact that Brewer implicated himself in the robbery and that his testimony was corroborated by other commonwealth witnesses enforced his determination Brewer's testimony was credible.
Highland County sheriff Herb Lightner said he was at the Moyers residence the afternoon of the robbery and asked Turner if there was anyone else in the trailer. At the time, Brewer was in a back room, according to Brewer's testimony.
Turner said he only heard Lightner ask if there was anything suspicious going on in the area, to which he replied there wasn't. Turner insisted he did not know Brewer was involved in the robbery.
Cauley called witnesses Kim Buckholtz and Jason Parker of Churchville, who contradicted Brewer's testimony that he had a jacket wrapped around the stolen money when they picked him and Turner up at the Moyers residence.
Buckholtz said Turner called her two days before the bank robbery to prearrange a ride to Churchville, showing Turner did not call her for a ride as a way to assist Brewer. She also said Brewer and Turner carried nothing with them, a statement supported by Parker.
Commonwealth attorney John Lohr said Brewer paid $2,500 in cash for a vehicle in Churchville and that the money came from the robbery.
As for Brewer, Mooney found sufficient evidence to proceed with the three charges against him - entering a bank armed with intent to commit larceny, robbery, and use or display of a firearm during the commission of a felony - and certified the charges to a grand jury.
Blue Grass Valley Bank teller Chanda Sponaugle identified Brewer as the person who robbed the bank around 11:30 a.m. Oct. 6. She said she saw him come up behind a female customer she was helping and put a blue bag on the counter and told her to put money in it.
"He pulled a gun out," she said. "He said, ââ¬ËI am not kidding. I am not kidding."
According to Sponaugle, Brewer had a silver pistol.
Sponaugle said she emptied her drawer of $8,481.
Bank teller Barbara Hull testified she was helping customers at the adjoining window when Brewer came into the bank. She heard him say, "I ain't kidding," and then saw him point a gun at her and heard him say, "I mean everybody."
Hull said she gave Brewer $4,909 in $100s, $50s, $20s and $10s.
Bank employee Marianne Harman said she saw Brewer holding a gun. "I saw a gun at shoulder level looking at Chanda and Barbara. I saw them hand money over to him … He moved the gun from Chanda to Barbara who was a few feet away."
Cashier and bank chief executive officer Anthony Crane said he was at the Monterey branch of the bank when he was informed of the robbery.
He later determined $13,390 dollars was missing after the robbery.
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