(Stillwater, Okla.) — One of two ex-convicts — jailed since their arrest by Stillwater police in January — has been given a 10-year prison term on a felony count of larceny from a person at night that had been reduced from robbery by two or more persons.
Gerard Anthony Downey, 45, of Stillwater, accepted a plea bargain last week that also included a concurrent five-year prison term for concealing the victim’s stolen cell phone.
The victim, an OSU student, had identified Downey as the man “who assaulted him and took his phone, wallet, and keys,” Stillwater Police Sgt. David Duncan wrote in an affidavit.
On Jan. 24 after the 2 a.m. bar closing south of the OSU campus, “The two suspects gave the victim a ride. They picked him up on the strip with another guy. Both (OSU students) had been drinking,” Stillwater Police Lt. Mike Metcalf said.
“They ended up at 19th and Walnut Street, about three miles from the strip,” where one of the OSU students was beaten and his cell phone, along with his wallet, was stolen, Metcalf said.
“The victim on his phone had an app ‘track my phone.’ It showed his location,” which was broadcast to police by Duncan, Metcalf said.
After a traffic stop by Stillwater Police Officer Richard Alley, the suspects were identified by the victim and arrested at 2:55 a.m., Metcalf said.
Downey had gotten out of prison in April 2011 after serving 10 months of a three-year sentence for larceny from a house in 2009 in Pottawatomie County, state Department of Corrections records show.
His co-defendant, Jason Jermaine Gray, 35, of Stillwater, was identified by the victim as the man driving the OSU students around, Duncan alleged in his affidavit.
On the motion of Gray’s court-appointed defense attorney Royce Hobbs, Associate District Judge Stephen Kistler on Aug. 1 ordered a mental competency evaluation of Gray.
The judge scheduled a Sept. 5 status review of Gray, who remains in the Payne County Jail on $500,000 bail, court records show.
Gray had gotten out of prison 11 months before the Stillwater incident — after serving about six years of a 10-year sentence for drug possession with intent to distribute in 2005 in Bryan County, DOC records show.
Gray had also been given a concurrent 10-year prison term for robbery in 1999 in Bryan County after his probation was revoked in 2007, DOC records show.
Gray had also served about four years of a five-year prison term for second-degree burglary in 1998 after he was found in violation of his probation in Bryan County, DOC records show.
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