Gunman in Pharmacy Robbery Gets 12 Years

January 9, 2014

Rashad Muhammad, 17, of Detroit, was sentenced to 12 years in prison Monday afternoon for his part in the July 11 armed robbery of Newbury Pharmacy.

Muhammad — who had held a .38 Special handgun to pharmacy owner Bob Martin’s head while he and accomplice Zachary Tiggs, also of Detroit, stole 4,000 to 6,000 narcotics — told Geauga County?Common Pleas Judge David Fuhry he was sorry, once more, for his actions and their effects on the Martin family.

“The only statement I have to make is towards Mr. Martin’s family and my view on what I did to their family and how I affected them,” he said. “I am very apologetic and I understand how my actions will affect this court date today. And that’s all I’ve got to say your honor.”

Tiggs, Muhammad, Johnathan Moore, 25, of Ashtabula, and Joshua Moore, 20, of Kingsville, were all arrested this summer on various charges involving the robbery at 10758 Kinsman Road.

Tiggs — who acted as a decoy, distracting Bob’s wife, Colleen, while Muhammad stole the narcotics — pleaded guilty to complicity to commit aggravated robbery, a first-degree felony, in October and was sentenced to 10 years in prison in December.

Joshua Moore, who is Johnathan’s cousin, will be sentenced Wednesday in Fuhry’s court for his part in the robbery, which included charges of complicity to commit aggravated robbery (with a firearm specification) and obstruction of justice.

Johnathan recently plead guilty to complicity to commit aggravated robbery (with a firearm specification), tampering with evidence and furnishing weapons to a minor (giving Muhammad a loaded handgun).

Muhammad’s attorney, Geauga County Assistant Public Defender Dawn Gargiulo, argued Muhammad was deserving of less than the most severe punishment and asked Fuhry to take into account his “youth and immaturity” when handing down a sentence.

“He has always taken responsibility for his actions on that day,” she said. “Rashad was the only one who was under age. Three adult individuals recruited Rashad to participate in this. I’m not saying that the choice wasn’t his own. He did make that decision to participate and does take responsibility for his actions. In making that decision, he believes that he was influenced by the immaturity of youth and the irresponsibility of youth.”

Geauga County Prosecutor Jim Flaiz, however, painted a different picture of Muhammad.

“Mr. Muhammad was told about robbing a pharmacy in Ohio; he was told about this in Detroit a couple weeks prior to it occurring. He then got on a Greyhound bus, he came down here, he was a passenger in the vehicle when it drove by the pharmacy casing it out,” Flaiz said. “He then took a loaded handgun, went into the pharmacy — he had all this prior knowledge, all this preparation, he knew exactly what he was going to do. He took a loaded gun and he held Bob Martin at gunpoint and robbed him.”

Afterward, Flaiz said Muhammad ran out of the pharmacy, jumped into a getaway vehicle and fled the scene.

Thankfully, a “good samaritan” began chasing the vehicle to get a license plate number, Flaiz said.

“Mr. Muhammad was demanding that the driver stop the vehicle so he could shoot the good samaritan that was following them,” Flaiz said, adding Muhammad admitted to sheriff’s deputies he was going to shoot the person following them.

“He came here from Detroit to terrorize our community. And why did he do that?” Flaiz asked. “He said he did it because he thought he could get a lot of money out of this. That’s a pretty adult motivation.”

Flaiz asked Fuhry to sentence Muhammad to nine years in prison on the aggravated robbery charge in addition to the mandatory three-year sentence for use of a firearm. He also recommended a 12-month sentence on the improper handling of firearms in a motor vehicle charge, to run concurrent with the other sentence for a total prison term of 12 years.

The Martins then walked to the podium at the rear of Fuhry’s courtroom as Muhammad turned around to face them.

“July 11, 2013, was like any other day. I was driving to work, hoping to have a productive day, looking forward to my son’s game that night — he was going to pitch,” Bob said, pausing briefly to compose himself. “Then you walked in … changed everything. This wasn’t a mistake, this wasn’t a spur of the moment decision, it wasn’t an accident, it wasn’t a poor decision. It was a cold, calculated, premeditated criminal activity.”

He added, “You had no regard for anyone in that store, no regard for anyone in that parking lot and no regard for anyone on the roadways when you guys took off.”

Bob said several words describe what he?felt that day, including fear, terror, hope and wonder if he would make it out OK.

“But no words can really describe how it’s affected us. We’re changed forever by your actions that day,” he said. “Everyday I see you walk in the front door, everyday I see your partner with my wife standing in the front of the store. Everyday I see that. That’s what I gotta live with; that’s what she’s gotta live with.

“I don’t want to hear about backgrounds, I don’t want to hear about excuses, I don’t want to hear about age. Everyone’s always sorry when they get caught. That’s why I think you’re sorry, is because you got caught. All I want to hear today is this court sentence you to the maximum amount of time possible for the crimes you committed and to keep Geauga County safe.”

Colleen followed Bob’s statement, emphasizing Muhammad’s age doesn’t matter.

“Whether you’re 17, 27, 37, it doesn’t make a difference. Ya hung out with adults, you did criminal activity. You did exactly what adults do. As my husband said, you got caught,” Colleen said, looking Muhammad in the eyes. “I live everyday thinking, if you would’ve blown my husband away that day, holding a gun to his head, what would I do with my children, how would I tell the rest of our family he’s gone because of your actions — selfish actions — because you wanted drugs and you wanted money.

“I ask the court today, sentence him to the max because that’s what he needs. At 17, the more time he serves, the more mature he might become and he might learn a lesson.”

Fuhry, who called the heist an “organized, orchestrated criminal enterprise that took place over time,” said he found Muhammad to be “dangerous” and “violent.”

“You played a leading role. You had many opportunities to say no,” the judge told Muhammad. “You are an adult in the eyes of the law. The court is convinced you were old enough to know what you were doing. While I acknowledge your youthfulness, the court is satisfied you knew what you were doing and you knew it was wrong.”

Fuhry said he recognized Muhammad had no prior criminal record, a normal upbringing and adolescence, and a stable home life.

“You participated in sports, got good grades in school, you were in the choir at school, you attended summer camp. You did some good things before the change,” Fuhry said. “The change was when you started to hang out with losers, also known as gang members, in school. You started missing school, you started fights in schools. You fought with your dad … you got school suspensions and warnings, and then in 11th grade, you dropped out.”

Fuhry said Muhammad began “tinkering” with drugs and alcohol, including experimentation with Xanax and daily marijuana use.

“And then the gang, including activities which involved exchange of gunfire, presumably between your gang and rival gangs,” Fuhry said. “When you chock up all of these ingredients, you’ve got the makings of a whole lot of trouble and that’s, of course, what you face today.”

Fuhry then sentenced Muhammad to eight years in prison for aggravated robbery, a first-degree felony, three years for the firearm specification and 12 months for improperly handling firearms in a motor vehicle, a fourth-degree felony.