~ The judge denied a recommendation from the Department of Youth Services to send the 15- and 17-year-old boys to the dual jurisdiction program.
Two teenage boys were sentenced Tuesday to 10 years in prison for the armed robbery of a Cape Girardeau KFC last year.
Circuit Judge William Syler handed down the sentences to Semaj Lumas, 17, and Isaiah Lane, 15, both of whom pleaded guilty to first-degree robbery and armed criminal action in the July 21 robbery of KFC at 2101 William St.
Lane also pleaded guilty to unlawful use of a weapon in the crime.
Because of their ages, the defendants were eligible for the state's dual jurisdiction program. The program, run by the Division of Youth Services, aims at rehabilitating youths certified as adults.
The teens would have been accepted into the program had the judge ruled in favor of that, according to assistant prosecuting attorney Angel Woodruff.
Division director Paul Bolerjack said in January that the Division of Youth Services had recommended youths be sentenced to the program 46 times. Each time the court had followed that recommendation.
But not Tuesday.
Deborah Scott, spokeswoman for the Department of Social Services under which the division is located, declined to comment on the Lumas and Lane case Tuesday.
Prior to the sentencing, assistant public defender Amy Metzinger argued that while the defendants admitted to breaking the law, the dual jurisdiction program's education and job training would benefit the youths more than prison time.
Youths remain in the program until they are 17 years old, when a hearing is held to determine whether the offender should continue in the program, receive probation, or be sent to an adult prison.
If accepted to remain in the program, another hearing is held when the youth turns 21 years old. From there, the offender is either granted probation or sentenced to prison.
While Syler said he felt the program offers great success, he did not feel it was appropriate for the defendants.
"This is a crime of violence and a crime of greed," Syler said.
During the heist, Lane was captured on videotape holding a gun to the head of a restaurant employee, a news release from the prosecutor's office stated.
KFC employees reported that the robbers had threatened to kill them, according to the release.
Syler imposed for the youths a 10-year sentence for the robbery charge and three years for armed criminal action, both to run concurrently.
Lane also received a four-year concurrent prison sentence for the unlawful use of a weapon charge.
"Even young robbers need to know that if they do an armed robbery and put a gun to someone's head, they'll be facing a long prison sentence, not a short stint in juvenile detention," Prosecuting Attorney Morley Swingle said in the release.
Lane's aunt, Venus Curry, said outside the courtroom that she believed the sentences were too harsh.
"They should have been punished, but not like that," she said. "I don't think that was necessary."
Curry said she thought the dual jurisdiction program would have been sufficient for the boys, adding they were likely influenced by adults to carry out the robbery.
A third defendant, Jimmy Walker, 30, of 6 Village Drive, was being sought by police. He was charged with first-degree robbery and armed criminal action in the heist.
Any one with information on Walker is encouraged to call the Cape Girardeau Police Department's Crime Stoppers line, 332-0500.
kmorrison@semissourian.com
335-6611 extension 127
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