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The Leavenworth Times - Leavenworth, KS
  • Robber sentenced to 10 years

  • A Leavenworth man has been sentenced to more than 10 years in prison for robbing two pizza delivery drivers.
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  • A Leavenworth man has been sentenced to more than 10 years in prison for robbing two pizza delivery drivers.
    Austin J. Ogan, 19, was sentenced Wednesday in Leavenworth County District Court. He was sentenced in three cases to two felony counts of robbery and one misdemeanor count of possession of marijuana.
    Ogan robbed two pizza delivery drivers in May in north Leavenworth. The drug crime occurred in June. Court records show Ogan entered into a plea agreement in September.
    District Judge Gunnar Sundby said Friday it was unfortunate someone as young as Ogan was receiving such a lengthy sentence. But the judge said he had to consider the seriousness of the charges and the defendant's criminal history.
    "You're young Mr. Ogan, but you've got some history," Sundby said.
    The judge noted the seriousness of the two robberies.
    "These people were pretty scared," he said of the victims.
    While recounting the facts of one of the robberies, Assistant County Attorney Michael Jones said the victim believed Ogan had a gun and at one point thought he was going to be shot.
    Sundby said he read letters from the defendant and his family that described Ogan as a wayward young man who's actions were motivated by drugs.
    "I considered those factors," Sundby said, but they were outweighed by the seriousness of the offenses and Ogan's criminal history.
    When given the opportunity to speak, Ogan apologized to the families of the victims.
    "I accept whatever happens," he said.
    Jones said the prosecution and defense had agreed to a recommendation of a 144 month-sentence. He requested what was considered an aggravated sentence of 128 months for one of the robbery charges with an upward departure from sentencing guidelines to add an additional 16 months for a total of 144 months.
    Sundby agreed to the aggravated sentence of 128 months in prison, which was longer than what was considered the standard sentence. But the judge said he was reluctant to agree to the sentencing departure when no motion for such a request had been filed.
    Sundby imposed the aggravated sentence of 128 months for the other robbery charge. This will run concurrent to the other robbery sentence. This means Ogan will serve the two sentences at the same time.
    For the possession of the marijuana charge, Sundby sentenced Ogan to four months to the county jail, giving him credit for the time he's already spent in custody at the jail. Ogan has been at the jail since July 16.
    Sundby said this means Ogan's prison sentence would begin Wednesday. He said Ogan essentially will end up having served almost an 11-year sentence. He said this is still a very lengthy sentence for a person as young as Ogan.
    The judge said he seriously considered tacking on a 12-month jail sentence for the drug charge to the end of the Ogan's 128-month prison sentence. But Sundby expressed concern that some potentially beneficial Kansas Department of Corrections programs may not be available to Ogan while he's in prison if he has a detainer for a later jail sentence.

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