Sentencing was set for Nov. 21.
Pena’s co-defendant, Cantrell, was sentenced Sept. 26 to 35 years in prison for shooting Berry in the legs with a rifle in the 200 block of Indiana Avenue in Elkhart.
Student charged with armed robbery
An Elkhart Central High School student charged with armed robbery asked for a bond reduction, which was denied by Shewmaker.
Javelle D. Osby, 18, was arrested Sept. 8 on a charge of armed robbery resulting in bodily injury, a Class B felony. Osby was allegedly with another man when they attempted to rob two men at gunpoint. While not saying his client was involved, Osby’s attorney Jeffrey Majerek, said a BB gun was used in the incident.
Majerek said a juvenile case against his client is pending in juvenile court and a disposition in that case is expected soon. Osby was arrested in May on other charges, which are disorderly conduct and resisting law enforcement. Majerek said those charges stem from the annual junior-senior food fight at the end of the school year at Elkhart Central.
Osby said he wanted his bond reduced to $40,000 so his family could afford the $4,000 10 percent cash required to be posted.
Majerek said his client wants to finish high school, having only 10 credit hours needed to get his diploma. He also said Osby would like to try out for the high school’s basketball team. Also, until his arrest Osby was working at a local bakery.
Shewmaker said the probation department did not recommend lowering the bond from the current $70,000. He said Osby also admitted to using marijuana frequently.
“If you want to be an athlete, I guess they wouldn’t want you to be using marijuana, Shewmaker said, adding, “I think we will leave it (the bond) right where it is.”
Robbery suspects appear
Two of four suspects in the robbery of an Elkhart store entered guilty pleas Thursday.