Man charged for distraction tactics leading to theft

Published 10:13 am Friday, January 8, 2016

One of the men charged with using distraction tactics to steal about $750 was sentenced Thursday.

Robert Ricardo Cole, 27, was convicted of one charge of third-degree burglary. A charge of theft was dismissed. Cole received credit for 88 days in Mower County Jail and was sentenced to five years supervised probation.

Cole, Emilio Rivera, 18, and Jordan Jeremiah Barclay, 18, each pleaded not guilty to a felony count of second-degree felony burglary and one count of misdemeanor theft. A few minors were also involved in the incident.

Robert Ricardo Cole

Robert Ricardo Cole

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Officers responded to the 900 block of Fourth Street Southeast around 11 p.m. on Oct. 10 to a burglary report, according to the court complaint.

A homeowner reported being in the garage with a few friends at about 9:30 p.m. when a group of four to six men allegedly came up and asked about a “party” and if “Francisco” was present. The victim told them there was no party and that he didn’t know anyone by that name. The group of men then left the garage area, according to the complaint.

About an hour later, the victim went inside and found several items missing, including a flatscreen television worth about $400, an Xbox One worth about $150, and miscellaneous games and movies worth about $200.

Later that night, the victim called police to identify one of the minors involved in the incident, and another officer spoke with Barclay at the Kwik Trip at 1401 Fourth St. NW at about 2 a.m. Oct. 11.

Then at about 10 p.m. on Oct. 11, officers received another call from the victim who had information regarding where his stolen items were and the involvement of a second minor.

Officers interviewed Barclay, Rivera and Cole, along with the two minors, who gave similar stories about going to the home looking for a party they heard about through “Francisco” and some of the suspects going into the empty home and stealing the property, according to the complaint. One of the minors told police Rivera went into the home, Barclay said Rivera and a minor went into the home, and the second minor said he held the door of the home open for Cole to steal the items, according to the complaint.

Officers recovered the stolen items. The Xbox was found under the hood of a car near Barclay’s home, and the television was found at the home of another man who had traded marijuana for the television, according to the complaint.

After an investigation, Cole, Rivera and Barclay were taken into custody. The two juveniles were also taken into custody during the investigation.