A Durango man suspected of robbing someone at a downtown ATM and committing identity theft to purchase a car must decide whether to accept a five-year prison sentence or take his chances at trial.
Maurice Anderson, 31, signed a plea agreement with the 6th Judicial District Attorney’s Office that would have allowed him to serve up to five years at Hilltop House, a community corrections program in Durango.
But District Judge Jeffrey Wilson on Thursday said a prison sentence was more appropriate given the violent nature of the ATM robbery.
Because the judge went outside the terms of the plea agreement, Anderson can withdraw his guilty plea and go to trial. He has until 9 a.m. Sept. 1 to decide.
He faces 10-32 years in prison if found guilty at trial.
In addition to the ATM robbery, Anderson is suspected of using fake identification to finance the purchase of a new car and selling it to a Farmington man for cash. He is accused of committing that crime while on bail for the ATM robbery. He was charged with 11 felonies, including theft, identity theft, forgery, criminal impersonation and violation of bail conditions.
The ATM robbery occurred April 21, 2015, behind Bank of the San Juans, 144 E. Eighth St. He allegedly stabbed a man in the chin and fled in a white Toyota Prius. An ATM camera recorded the suspect wearing a black, hooded shirt, gloves, sunglasses and a scarf covering his face.
The robber got away with $10.
Anderson has maintained his innocence for the ATM robbery.
But he took the plea deal because the prospect of losing at trial and going to prison for 10-32 years was “bone chilling,” said Justin Bogan, his public defender.
Deputy District Attorney Reid Stewart said he’s not sure the proposed plea agreement served justice to the victim or the community, but he considered it appropriate because prosecutors are relying on circumstantial evidence in the ATM robbery.
Prosecutors lack finger prints, DNA evidence, a positive identification and a confession in the case, he said.
Anderson, a former football player at Fort Lewis College, spoke softly at Thursday’s sentencing hearing in District Court. He recounted a rough childhood, but said he has an unyielding motivation to pursue an education and be a productive member of society.
“I truly am sorry,” he said.
shane@durangoherald.com
