The distance between freedom and prison can be measured between a thumb and forefinger for two men accused of participating in an armed raid on a Little Rock home last year, Pulaski County Circuit Judge Barry Sims told the men Thursday.
The judge twice held up his hand to show Johnathan Epperson, 21, and Bradford Henderson, 23, there's not much distance as they begin "walking a fine line" on probation for the next five years.
The men pleaded guilty to residential burglary earlier this month.
The men and a third co-defendant awaiting trial, 23-year-old Devin Christopher Bone of Maumelle, are accused of being part of a group of at least five robbers who forced their way at gunpoint into the Reck Road home in January 2015.
The group terrorized the residents by shouting death threats and demanding drugs they said one resident, Jarvuss Dominique Haynes, had stolen from them.
The gunmen fled after taking a television, video games and shoes while robbing other people in the home: Terrel Haynes, Chris Allen and Jahoney Russell, according to police reports.
The robbers drove away in two vehicles, and Little Rock police were able to chase one down, a gray Mazda 626 driven by Henderson and carrying his co-defendants, court records show.
Inside the sedan police also found an unloaded AK-47 pistol, a loaded magazine for the weapon, a loaded .32-caliber revolver and the stolen items.
Epperson, Henderson and Bone were charged with aggravated residential burglary and four counts of aggravated robbery, each count carrying a potential life sentence.
Prosecutors reduced the charges to a single count of residential burglary, a move that deputy prosecutor Amanda Fields told the judge reflected problems with witness cooperation.
The reduced charges should not be considered as a sign that prosecutors doubt what happened that night, she said.
"This is bad," Sims told Henderson and Epperson, drawing out the word to emphasize the seriousness of the crimes.
Addressing the men separately, Sims said that he nonetheless could see a potential for them to become productive citizens and that he would sentence them to probation with the condition that they will go to prison if they violate the terms.
He told Epperson, the father of a toddler, that he was pleased that the man had finished high school and had been steadily employed delivering pizzas and doing landscape work.
He noted that Epperson, represented by attorneys Bill James and Rob Berry, had no previous criminal record and was studying to be a barber.
"I'm going to give you a chance," he told the Epperson. "What you've done is bad, but you've shown me you can do good. But if you mess up, that's like a ticket right to the pen."
Sims also fined Epperson $1,000 and warned him against using drugs, particularly marijuana, since he'll be subjected to random drug tests while on probation.
"If you get caught smoking dope, you'll go to the pen," he said.
"You've got a fine line you've got to walk. I better not see you in here again unless it's for something good."
Assured by Henderson's attorney, Robert Hodge, that his client was on the verge of getting a cashier job, Sims told Henderson that wasn't fast enough.
"You've got seven days to get a job," the judge said. "You've got to be working. I don't want you to just be sitting around."
The men are required to be employed as a condition of their probation, Sims said, telling Henderson he needs to follow all of those requirements.
Metro on 05/20/2016