Mabry enters plea deal for role in armed kidnapping, robbery

Another defendant in two Dayton kidnapping and robbery cases in which families were held at gunpoint has pleaded guilty while the group’s alleged ringleader will be appointed a different attorney.

In front of U.S. District Court Judge Walter H. Rice, Terrell Mabry on Thursday pleaded guilty to counts of conspiracy to take and obtain controlled substances and kidnapping in Dayton’s U.S. District Court. As part of plea agreement, five other counts were dismissed.

“Guilty,” Mabry said twice when asked how he pleaded. Defense attorney Anthony VanNoy calculated Mabry’s non-binding federal guideline sentencing range at between 21 years and 10 months to 27 years and three months. Rice — who has authority to sentence above, below or within that range — set Mabry’s sentencing for March 24. The statutory maximums for those counts would be life in prison and a $500,000 fine.

The November 2011 robbery of the St. Elizabeth Pharmacy and the February 2012 robbery of the U.S. Bank on Gettysburg Avenue were perpetrated by basically the same group of men, according to court documents filed earlier this year in Dayton’s U.S. District Court.

Both involved suspects kidnapping employees and their family members. The alleged robbers took 1,000 Percocet and Oxycodone pills worth $30,000 from the pharmacy and $90,000 in cash from the bank. To tie the crimes together, the Federal Bureau of Investigation used surveillance video, DNA analysis, telephone records, confidential informants and a cooperating witness.

Five men overall have been charged in the case and three were in court this week. The man prosecutors point to as the mastermind of the alleged crimes, Shellie Woods, said he was verbally abused by defense attorney Lawrence Greger.

Greger had filed a motion to withdraw as attorney of record, citing that Woods said Greger would be “judged before God” for what Woods said was Greger’s attempt to team with the government to give Woods a life sentence.

“I cannot fight my client and the government,” Greger told Rice earlier Thursday. Asked if he could continue as Woods’ attorney, Greger said, “I can not, your honor.”

Woods was indifferent to the change, prompting Rice to allow the appointment of a new attorney and saying, ” You have lost one of the very best defense counselors” in the area.

The status of all five co-defendants’ cases:

  • Woods: Asked for new counsel and will get one, pushing his trial date to Jan. 12.
  • Mabry: Pleaded guilty to two counts; scheduled to be sentenced March 24.
  • Jason Brice: Pleaded guilty to one counts; was sentenced Dec. 16 to 10.5 years in prison and must pay — along with other co-defendants — $90,000 in restitution to U.S. Bank.
  • Dion Gullatte: Pleaded guilty Nov. 24 to two counts; scheduled to be sentenced Feb. 26.
  • Eric Black: Has been referred for a mental competency evaluation.

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