Man gets state prison term for cellphone robbery
A Nesquehoning man was sentenced to a state prison term on Tuesday for his part in the robbery of two juvenile females.
Elijah Michael Frey, 19, was sentenced by President Judge Roger N. Nanovic II to serve eight to 60 months in a state correctional institution on a charge of criminal conspiracy-robbery and one year state probation on a charge of resisting arrest. The terms run concurrently.Frey previously admitted his part in the robbery of two girls, then ages 12 and 13. The incident occurred at 7:45 p.m. Jan. 17, in the 300 block of East Center Street, Nesquehoning. The two girls said they were approached by six people, and three of them were carrying handguns. The suspects took a cellphone from one of the girls.Also charged in the incident were Izael Flores, 18, of Nesquehoning; Tyquan Shakeem Owens, 18, of Lansford; Talon Wesley Lewis, 17, of Summit Hill; and an unnamed juvenile. Lewis is being prosecuted as an adult. A sixth person involved in the incident has never been charged.Defense Attorney Angela Marie Stehle asked Nanovic to sentence Frey to time served or house arrest because he has mental health issues. She said because of these issues a state prison was not the place for him. She said he is in a special unit of the county prison because of these issues. She also had a counselor who is seeing Frey testify to his condition.Nanovic noted that the stipulation agreed to by the district attorney and the defendant called for a state prison term be imposed. Nanovic said if the DA's office agreed to altering the stipulation he would consider it, but if not, then he was going to impose a state term. Assistant District Attorney Joseph Perilli said the DA's office would stay with the original stipulation.Frey told Nanovic, "I like to say I'm sorry. I know what I did was wrong." He added later that when the incident occurred he told the other co-defendants, "Don't do this. Don't do this." He also told Nanovic, "I'm afraid to go to state prison."He also denied a statement made in the presentence investigation report by Chief Sean Smith of Nesquehoning, that he was a drug dealer. He denied that allegation, stating he never sold drugs.Nanovic said the police report of the incident was shocking. He said two young girls were walking on a public street when six people approached them, four with their faces covered, making threats of serious bodily harm. He added, "You're very lucky and fortunate no one got hurt."The girls told investigators that some of the suspects were armed and "physically pushed their handguns into the victims' ribs and arms."The resisting arrest charge stems from an incident on Jan. 20 when borough police were trying to take Frey into custody on an arrest warrant for the robbery.Nanovic also ordered Frey to make restitution of $170 to the victims, his share, get both drug and alcohol and mental health evaluations, zero tolerance for drug and alcohol use, supply a DNA sample, and pay court costs of about $1,000.He was given credit for 328 days already spent in prison on the charges.