Houston, Aug 8 (IBNS) A six-count federal indictment has now been unsealed as two of the five charged made their initial appearances in federal court, United States Attorney Kenneth Magidson announced on Tuesday.
Walter Keitric Freeman and Corinthian Phillips, who turned themselves in to authorities, are charged along with Hendrick Dwayne Lynn, Chad Eric Haywood, and Allen Moore, Jr. with the robberies of two armored cars in the Houston area.
Freeman, 23, and Phillips, 27, both of Houston, appeared before U.S. Magistrate Judge Mary Milloy just a short time ago, at which time the indictment was unsealed as to all charged. Lynn, 29, and Haywood, 23, both of Houston; and Moore, 45, of Dallas, are currently in state custody on unrelated charges and are expected to be transferred to face these charges in the near future.
According to the indictment, from on or about August 7, 2009, through on or about November 21, 2009, the five charged did knowingly and intentionally conspire with one another to interfere with commerce by robbery.
Loomis Armored U.S. Inc., who operated the trucks during the alleged robbery and robbery attempt, maintains offices throughout the United States, and was engaged in the business of secured armored transport of United States currency in interstate commerce and in picking up and delivering United States currency to financial institutions and check cashing businesses, both of which are industries which affect interstate commerce.
According to the indictment, Lynn, Haywood, and Moore were involved in the August 7, 2009 attempted robbery of a Loomis armored truck at the Bank of America at 3704 Old Spanish Trail in Houston. Lynn allegedly drove to the location, at which time Haywood and Moore, armed with Glock pistols, allegedly jumped out and shot a guard in the head. The guard has since recovered.
The second incident occurred on November 21, 2009, at which time another guard was shot. On that date, according to the indictment, Lynn drove Freeman and Haywood to Senor Check Cashing Store #2 located at 5950 S. Gessner Rd. in Houston.
Armed with a pistol and a rifle, Freeman and Haywood approached the Loomis armored car guard. Freeman fired his pistol and shot the guard three times. The guard survived. On that same date, Phillips allegedly drove a second vehicle to the Gessner location and, following the robbery, switched vehicles with Haywood, Freeman, and Lynn.
A conviction for conspiracy to interfere with commerce by robbery carries a possible 20-year prison sentence as well as a $250,000 fine.
If convicted of discharging a firearm during the commission of a crime of violence, Freeman and Moore also face an additional 10 years in prison, which must be served consecutive to any other sentence imposed.
Haywood also face the same 10-year consecutive sentence, but also faces an additional 25-years, also to be served consecutively, if convicted of brandishing a weapon during the commission of a second crime of violence.
The case was investigated by the FBI’s Bank Robbery Task Force and is being prosecuted by Assistant United States Attorney Jennie Basile.
An indictment is a formal accusation of criminal conduct, not evidence. A defendant is presumed innocent unless convicted through due process of law.