By: Zachary Lopez (ZachNews):
Source: Mohave County Superior Court (Information):
Downtown Kingman, Arizona: The man accused of pointing a replica AR15 airsoft rifle at peaceful demonstrators during a protest held at Locomotive Park in June 2020 entered a plea agreement on Thursday, September 17th, 2020.
The man, 43 year old Robert J. Fernandes from Kingman, Arizona, entered in the plea agreement during the court hearing.
According to the Kingman Police Department, Fernandes drove past the protest eastbound along West Andy Devine Avenue in Downtown Kingman at approximately 2:42 p.m. on Tuesday, June 2nd, 2020.
While driving, Fernandes pointed an AR15 type rifle out his driver’s window at the protestors and sped off.
Officers and deputies from the Kingman Police Department, Bullhead Police Department and Mohave County Sheriff’s – who were also present at the protest – located the vehicle and stopped the vehicle along the 500 block of East Beale Street.
Fernandes was detained without issue, and denied having pointed any gun at the protestors.
According to the Kingman Police Department, Fernandes was found in possession of a replica AR15 airsoft rifle and another replica airsoft handgun, and was booked by Kingman Police Department.
The incident was captured on camera by ZachNews well filming the protest, and the unedited videos of the incident as well as several screenshot pictures of the incident was all posted on ZachNews.
*** View News Story First Reported On ZachNews, and View Unedited Videos and Several Screenshots: ***
ZachNews has obtained the recent public court records from the Mohave County Superior Court office of the court hearing held on Thursday, September 17th, 2020; which states:
Court started at 9:04 a.m. on Thursday, September 17th, 2020.
This is the time set for a Change of Plea Hearing.
The Court is presented with a Felony Plea Agreement.
The Court finds that the Defendant (Robert J. Fernandes) is 43 years of age; has completed High School; reads and understands the English language; has not consumed any illegal drugs or prescription medications within the past 24 hours; has consumed alcohol in the past 24 hours but is not feeling any of the effects from it; is thinking clearly; and that the Defendant is agreeing to plead guilty to the offense of: Count 1- Aggravated Assault, a Class 3 Felony.
The Court advises the Defendant of the possible penalties involved for the offense listed above and goes over all the terms of the plea agreement.
The Court further advises the Defendant of the possible penalties, including if the Defendant is placed on probation, and then violates probation. The Court advises the Defendant of the possible consequences of having a felony conviction, reads the immigration warning, and finds that the Defendant is not presently on probation or parole in any other matter.
The Court finds the Defendant has read the plea agreement, and it has been explained to the Defendant by Defense Counsel; the Defendant understands the plea agreement, and it contains everything agreed to between the parties. The Court further confirms the Defendant has signed the plea agreement.
The Court advises the Defendant of his rights, and the rights being given up by entering into this plea agreement, including the right to appeal; and finds that there were no promises made, other than those contained in the plea agreement; that no force was used, and no threats were made to get the Defendant to enter into this plea agreement.
The Court reads the charge contained in the Felony Indictment and asks the Defendant for his plea.
The Defendant enters a plea of guilty.
The Court advises the Defendant of the elements of the offense and discussion ensues regarding the factual basis.
Based on the record, the Court finds the Defendant has knowingly, intelligently and voluntarily pled guilty to the offense of: Count 1- Aggravated Assault, a Class 3 Felony.
The Court further finds that there is a factual basis for the plea; and the plea is accepted and entered of record.
Defense Counsel requests that the Defendant be screened for Intensive Probation Services.
It Is Ordered that the Defendant shall be screened for Intensive Probation Services.
It Is Ordered setting this matter for Judgment and Sentencing on Monday, October 19, 2020 at 3:00 p.m.
It Is Further Ordered directing the Mohave County Probation Department to prepare a written Pre Sentence Report in this matter and submit it to the Court at least two (2) days prior to the Judgement and Sentencing hearing.
It Is Further Ordered directing the Defendant to report to the Office of the Probation Department located on the first floor of the courthouse immediately following this hearing and to cooperate in the preparation of the Pre-Sentence Report.
It Is Ordered taking under advisement any Motions to Dismiss pursuant to the Plea Agreement.
The Court stands in recess at 9:17 a.m. on Thursday, September 17th, 2020.
ZachNews has also obtained the recent public court records from the Mohave County Superior Court office of the plea agreement; which states:
The State of Arizona and the Defendant hereby stipulate to the following disposition of this case:
1. The Defendant (Fernandes) will plead guilty to: Count One, Aggravated Assault, a class three felony, in violation of A.R.S. 13-1204(A)(11), 13-1203(A)(2), 13-701, 13-702, AND 13-801.
A class three felony, as a Non-Dangerous Offense, is punishable by a presumptive term of imprisonment of 3.5 years, which the court may increase to 8.75 years or decrease to 2 years, and a fine not to exceed $150,000.00 plus surcharges and assessments.
If the Defendant is sentenced to prison, either initially at the time of Judgment and Sentencing or later at any Disposition following any probation violation, the Defendant understands that:
– The Defendant shall serve at least 85% of any prison term imposed.
– The Defendant shall also be sentenced to community supervision upon his release from prison for a period of time equal to 15% of his prison sentence.
– The Defendant may be returned to prison if the Defendant violates the terms and conditions of community supervision for the remainder of his community supervision sentence.
2. The Defendant will receive a sentence of: Prison or Supervised Probation; consistent with the following additional terms: All Other Terms At The Judge’s Discretion.
3. The following charges will be dismissed, or if not yet filed, will not be brought
against the Defendant: Count Two, Aggravated Assault; Count Three, Aggravated Assault; Count Four, Aggravated Assault; Count Five, Aggravated Assault; Any Sentencing Enhancement Allegatios.
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