By KATHRYNE RUBRIGHT
A Findlay man was sentenced to 30 months in prison Wednesday for two felony offenses, including a 2015 armed robbery at Keith’s Dugout restaurant.
Deven J. Tackett, 26, pleaded guilty in Hancock County Common Pleas Court in June to an amended charge of robbery, a third-degree felony, and misuse of credit cards, a fourth-degree felony.
He was indicted last October for aggravated robbery, a first-degree felony, for the Oct. 29, 2015, restaurant robbery, which police said was committed by two men who had a gun and a hatchet.
Danny R. Scarberry Jr., 52, of Findlay, was indicted in July for aggravated robbery in connection with the same incident.
Tackett’s credit card misuse was a separate crime, committed between March 21 and May 14, 2018. He was sentenced Wednesday by Judge Reginald Routson to 10 months in prison on that charge, to be served concurrently with 30 months for the robbery.
The robbery seemed to be a drug-driven crime, Routson said, and a more serious one than swiping money or a credit card.
“This is setting into motion a potentially very serious offense using weapons, threatening violence, to gain money, in a brazen attempt to take from a hamburger shop on the north end of town,” Routson said.
A Keith’s Dugout employee has “suffered psychologically,” according to a victim’s impact statement, Routson said.
The robbery’s seriousness, Tackett’s drug use while on bond, his failure to complete a recovery program at Tree Line and his juvenile record all contributed to Routson imposing a prison sentence rather than community control.
Tackett acknowledged in court that he broke Tree Line’s rules by bringing in a cellphone after he was granted a “home pass,” but denied that he bullied a fellow resident.
Before Routson handed down his sentence, Tackett’s lawyer, Eric Marks, asked that Tackett be sent to the WORTH Center for treatment, if community control wasn’t possible. He also asked that Routson consider judicial release, an early release option that some offenders can file for.
Assistant Hancock County Prosecutor Steve Powell deferred to Routson on sentencing, due to Tackett’s cooperation in the Scarberry case.
Scarberry has a pretrial hearing on the aggravated robbery charge scheduled for later this month.
In a separate case, Scarberry faces a third-degree felony charge for allegedly failing to comply with a State Highway Patrol trooper who tried to pull him over on Aug. 6. He was arrested after driving into a pond at Birch Run Golf Club in North Baltimore.
Tackett owes $650 to Keith’s Dugout, but his obligations on the credit card charge were unclear Wednesday. Another hearing will be held to determine restitution for that offense.
He will receive credit for jail time already served.