The black and red “vampire” sweatshirt Garner wore during the 4 a.m. robbery was easily recognized when the store’s surveillance video was made public, police said. Watch video
SPRINGFIELD – A Springfield man dodged a state prison term Tuesday when a judge gave him a 5-year suspended sentence for robbing the St. James Avenue Racing Mart in March.
Thomas Garner, 25, of 43 Berkeley St., pleaded guilty to one count of unarmed robbery in Superior Court.
Garner turned himself into police on March 28, 12 days after the Racing Mart’s overnight clerk was robbed of $917.
The black and red “vampire” sweatshirt Garner wore during the 4 a.m. robbery was easily recognized when the store’s surveillance video was made public, police said.
Garner told police that his mother saw the segment and kicked him out of the house. He then went to his girlfriend’s home but she also watched the segment and refused to let him in.
Thomas Garner
Garner was initially charged with armed robbery, but admitted guilt to a reduced unarmed robbery charge in a plea deal before John S. Ferrara.
Assistant District Attorney Richard B. Morse said Garner told the clerk he had a gun, and demanded money from the store’s safe. When the clerk explained that he couldn’t open the safe, Garner made a point of expressing his displeasure.
The clerk had no way of knowing that Garner did not actually have a gun, according to Morse, who asked the judge to impose a 2- to 3-year state prison sentence.
“How long does the (clerk) have to deal with the possibility that he was going to be shot?,” Morse asked, adding that Garner remained in the store and continued to menace the clerk.
“He was hanging around, acting dissatisfied,” Morse said.
Garner lawyer, Marissa Elkins, said her client had expressed remorse for the robbery, which she called a “crime of opportunity” that occurred after her client had spent the night drinking.
Garner had no criminal record, had been a star basketball and football player, and had a steady working history that allowed him to support his longtime girlfriend and their two children, according to his lawyer.
“He’s pleading for mercy,” Elkins told the judge.
Morse also added that Garner was “doing the rare thing in this system, he’s coming in early” to plead guilty.
Ferrera said state law gave barred him from sentencing Garner to a county jail sentence, leaving him the choice of either a state prison term or suspended sentence.
“I’m disinclined to send him to state prison for a first offense,” the judge said.
He also ordered Garner to perform 50 hours of community service, make $917 in restitution and attend three Alcoholics Anonymous meetings a week.