(Stillwater, Okla.) — A Tulsan, who was a teenager when he was charged with breaking into Escott’s Grocery Store in Cushing three years ago, has been given a two-year prison term for violating his probation in the felony case.
Joshua Andre Smith, now 21, had admitted the burglary in 2011 when he was 18, but he failed to appear for his sentencing six months later, court records show.
Two years ago, Smith was placed on probation, except for 90 days in jail, under a four-year deferred sentence and ordered to follow the recommendations in a Youthful Offender Accountability Plan.
Smith was also ordered to have a substance abuse and mental health evaluation, perform any recommended follow-up, and pay the cost of his incarceration as well as $500 in fines and assessments, court records show.
Six months after he was placed on probation in his Payne County case, Smith was charged with joyriding in June 2013 in Tulsa County, for which he was originally given a one-year deferred sentence that was changed last month to a 30-day suspended sentence for the misdemeanor, court records show.
Last month in Tulsa County, Smith was also given a concurrent 30-day suspended sentence for the misdemeanor of shoplifting clothing with another male on Jan. 20 at JC Penney’s, court records show.
Last month also in Tulsa County, Smith was given a concurrent one-year suspended sentence for obstructing a police officer by fleeing on Aug. 8, court records show.
In his Cushing case, Smith had been arrested at Escott’s grocery store at 1:46 a.m. on Aug. 31, 2011, by Cushing Police Officer Adam Harp, who was sent on a report of a burglary alarm coming from the south overhead door, court records show.
“Cushing officers encountered a male subject crawling underneath the back overhead door of the business and took off running on foot from the officers,” who were able to take Smith into custody after a short pursuit, Harp wrote in an affidavit.
“Another juvenile male suspect fled the business and was not located. Security footage showed both Smith and the juvenile enter the business by pulling the back overhead door up slightly and sliding underneath,” the affidavit said.
When Smith was interviewed, he said “he and his juvenile friend went riding around town and that his juvenile friend said that he wanted to rob something.
“Smith said that they went to the grocery store and parked the vehicle on the side of the store and gained access to the business through the overhead door in the back of the business,” the affidavit said.
“Smith said that he walked around the store, but did not take anything. Smith said that the juvenile tried the cash register, but did not know if he took any money.
“Smith said that the only thing that he took from the store was a pair of gloves that he had put on, a knife, and a hoodie. The hoodie was used to hide himself. Smith said that he ran from the officers because he was scared,” the affidavit said.
For violating his probation in the Cushing burglary, Smith was sentenced to prison on Oct. 10 in a plea bargain, court records show.
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