The getaway driver in the April 2012 armed robbery and killing at a Little Rock Mexican restaurant who cooperated with prosecutors, without asking for preferential treatment in return, received a prison sentence Thursday that will allow for his almost-immediate release from jail.
But the sentence imposed by Pulaski County Circuit Judge Herb Wright requires 21-year-old Quantez Dobbins to either hold down a full time job or return to college full time under the penalty of further incarceration.
Wright ordered Dobbins imprisoned for two years to be followed by a three-year suspended sentence, which would be revoked if he’s not working or studying.
Dobbins testified against Kiywuan Perry, 25, and Zackeya Perry, 21, at their capital-murder and aggravated-robbery trials even though he shared the charges as a co-defendant and faced the same penalty the Perry brothers received, life in prison, defense attorney Patrick Benca said at Thursday’s sentencing hearing.
Dobbins and the Perrys were co-workers at the now-closed El Chico restaurant where they worked with 39-year-old Jesus Herrera, a waiter who was shot to death. Prosecutors said the brothers, who had worked at the west Little Rock eatery about a month, didn’t like Herrera, who had been there 12 years and was known as a hard worker.
Herrera was shot twice in the back, then once in the head at close range while he lay on the kitchen floor. There was evidence that the Perry brothers planned the holdup in advance and talked about shooting Herrera. The robbers were masked, but a cook recognized them. Authorities don’t know which brother shot Herrera.
In exchange for Dobbins’ cooperation, prosecutors dropped capital-murder and aggravated-robbery charges against him, allowing him to plead guilty to robbery. They also agreed to make no-sentencing recommendation to the judge.
Dobbins is a “young man of good character” who fell in with bad influences and made mistakes, Benca told the judge, asking for a sentence that would allow Dobbins to be quickly released. “He’s not someone who is going to get in trouble again.”
Dobbins liked Herrera and was remorseful over his role in Herrera’s death, his lawyer said, adding that Dobbins said he was duped by the brothers into helping them. Benca said Dobbins told him not to seek a plea bargain with prosecutors and that he was intent on cooperating, regardless of the personal costs.
“He said, ‘I don’t care about [a plea] offer. I just want to do the right thing,’” Benca told the judge, saying he’d never had a client cooperate with authorities like that.
At the brothers’ trials, Dobbins testified that the brothers asked him to drive them to a drug dealer’s home so they could rob him.
Dobbins said he didn’t entirely believe they were serious and went along with them. He acknowledged during the trial that at first he wasn’t completely truthful with police. Then he learned that the restaurant had been robbed and Herrera had been killed. Police arrested all three men within a few hours of the crime. The second anniversary of the slaying will be Tuesday.
Dobbins will receive credit against his sentence for the 724 days he has spent in jail, six days short of two years, Benca said at Thursday’s sentencing hearing.
According to testimony from his father, Christopher Dobbins, he will live in West Memphis where he will be a caretaker for his grandmother and work at his grandfather’s roofing company, and plans to return to college.
Also Thursday, the fourth co-defendant in the case, Kiywuan Perry’s former girlfriend, was ordered jailed until Thursday when she’ll be sentenced for her role in helping the brothers try to get away.
Kenya Denise Smith, 21, tested positive for marijuana use, which her attorney said Thursday reflected her use of the drug at a birthday party last week. The judge said he couldn’t take any action as long as there was the possibility she was under the influence.
Smith has a son with Perry. She pleaded guilty to hindering apprehension and testified against the brothers in an arrangement with prosecutors to leave her sentencing up to the judge. The charge carries up to 20 years in prison.
Arkansas, Pages 10 on 04/11/2014