Four teens will be tried as adults for Wendy’s robbery plot
By Tracy M. Neal Staff Writer // tracyn@nwanews.com

Posted on Saturday, June 28, 2008



BENTONVILLE - Four teens will be tried as adults for their roles in the attempted robbery of a Wendy's restaurant in Rogers.

On Friday, Circuit Judge Jay Finch ruled that the four 17-year-olds will be tried as adults instead of juveniles. The judge listened to testimony Wednesday and Friday about whether the cases should be transferred to juvenile court.

Eduardo Hernandez, 17; John Michael Schneider, 17; Aaron Isbell, 17; Ricardo Salcido, 17; and Evan Garvey, 17, are charged as adults with aggravated robbery, a class Y felony; kidnapping, a class B felony; and fleeing and criminal use of a prohibited weapon, both class D felonies. Eduardo Hernandez, who was shot by a Rogers police officer during the robbery attempt, is also charged with aggravated assault, a class D felony.

A class Y felony is punishable with a sentence ranging from 10 to 40 years or life in prison. The class B felony carries a punishment of five to 20 years. Class D felonies carry a prison term of up to six years.

The judge ruled that 16-year-old Jorge Hernandez-Gonzalez's case should be remanded to juvenile court, where the 16-year-old will be tried under the state's blended sentencing law. Garvey's case will also be heard in juvenile court under the blended-sentencing law.

Garvey's attorney, Doug Norwood, reached an agreement with prosecutors in which Garvey agreed to testify against the other teens, and prosecutors agreed to try Garvey's case in juvenile court.

The six teens were arrested Feb. 23 in connection with an attempted armed robbery at the restaurant. The suspects held a woman at gunpoint in an attempt to get inside the business.

Rogers police officer Jason Becker testified during the hearing that he was in the area when he received a 1: 30 a.m. alert concerning an armed robbery at Wendy's. Becker said he pulled into the parking lot and saw two suspects, dressed in dark clothes and wearing hoods, running from the restaurant. Becker gave chase as the suspects ran toward the Wal-Mart parking lot.

During the pursuit, Becker tripped in a drainage ditch and saw one of the suspects with what Becker believed to be a shotgun. Becker shot one time, and the individual fell to the ground and got up and began running again. Becker chased the two, who escaped and fled in a Jeep Cherokee that was parked at the Innisfree Nursing Center.

Becker was returning to the restaurant when he saw a third suspect, dressed in similar clothing, running from the restaurant. Becker was able to apprehend the suspect, who was Schneider.

Garvey testified during the transfer hearing that he and a sleeping Hernandez-Gonzalez waited in the car while Schneider, Isbell, Salcido and Hernandez went to Wendy's to rob the business. Hernandez had talked about robbing the restaurant for weeks, and Schneider provided his father's shotgun. Garvey agreed to be the driver, and the teens used Schneider's vehicle.

The four teens went to the restaurant twice. They returned to the car, which was parked near Innisfree Nursing Center, after seeing a truck parked behind the restaurant. The four returned to the restaurant and (Eduardo ) Hernandez dragged Rubonia McKibben from her car. He placed the sawedoff shotgun to her head and took her to the drive-through window in an attempt to get into the business, according to Garvey's testimony.

The robbery was interrupted by Becker's arrival.

Finch had to consider 10 factors in considering whether the case should be transferred to juvenile court • The seriousness of the alleged offense • Whether the alleged offense was committed in an aggressive, violent, premeditated or willful manner • Whether the offense was against person or property • The culpability of the juvenile, including the level of planning and participation in the alleged offense • The previous history of the juvenile • The sophistication or maturity of the juvenile • Whether there are facilities or programs available to rehabilitate the juvenile • Whether the juvenile acted alone or was part of a group in the commission of the alleged offense • Written reports and other materials relating to the juvenile's mental, physical, educational and social history; and • Any other factors deemed relevant by the judge.

Finch had to consider the rulings for each of the teens, not as a group.

Schneider, Salcido, Isbell and Garvey were released from the Benton County Jail after posting bail.

After Finch's ruling, (Jorge ) Hernandez-Gonzalez will be transferred from the county jail to the Benton County Juvenile Detention Center, while his older brother, Eduardo Hernandez, will remain in the Benton County Jail. An immigration hold has been placed on both brothers.






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