Suspect in Chevron armed robbery released from custody, pleads ‘no contest’
YUMA, Ariz. (KYMA, KECY) - It was in the early morning hours of October 20, 2021 when an attempted armed robbery turned into a story recognized nationally after a heroic act.
Over four months later, the fourth suspect tied to the incident is out of custody and will face sentencing in April.
18-year-old Donovan Assude was the fourth suspect arrested and charged with endangerment as a co-conspirator in the planned armed robbery at a Chevron in the Yuma Foothills.
In court on Thursday, Assude pled "no contest" to the state's plea agreement and was also released from custody at the Yuma County jail to pretrial services, pending his sentencing.
By pleading "no contest," Assude ultimately accepts guilt in the case based on the offer from the state but does not take responsibility for his involvement.
Now he will face sentencing next month where the range of sentence goes from a minimum of a third-of-a-year to a maximum of two years. The presumptive term is one-year.
Assude also assumes the chance that probation will be granted instead.
In Thursday's hearing, defense attorney Jerry Hernandez claimed probation was a stipulation of the plea agreement but judge Roger Nelson ruled that was not how the agreement was written.
Nelson will consider the matter at sentencing, meaning Assude could be released on probation instead of serving time behind bars.
If Assude does not appear for sentencing on April 7th, a warrant will be issued for his arrest.
The incident started when three suspects walked into the convenience store in October- one armed with a handgun, demanding money.
Customer James Kilcer, who previously served in the U.S. Marine Corps, thwarted the robbery, disarmed the suspect and held him until deputies arrived. Video of Kilcer's efforts went viral and he received a number of commendations for his actions, including the YCSO Citizen's Valor Award.
The juvenile holding the gun was arrested on scene, while two other suspects initially escaped. YCSO arrested one of them on October 22nd and took a second into custody on October 29th.
Then over a week later, deputies announced the arrest of Assude who was the fourth suspect.
