Ellis, Geddis sentenced in Capawock robbery
Expressing outrage at a crime he labeled violent and cowardly, Associate Justice Cornelius J. Moriarty II sentenced Michael Ellis, 21, to two years in the Barnstable County House of Correction and Brett Geddis, 18, to one year in the Dukes County House of Correction.
Brett Geddis. Martha's Vineyard Times file photo
The sentencing hearing took place April 30, at Dukes County Superior Court in Edgartown. On April 6, the two men pled guilty to reduced charges in connection with a robbery last September of George Buckley, 79, a ticket taker at the Capawock Theatre in Vineyard Haven.
Mr. Ellis and Mr. Geddis admitted in Dukes County Superior Court that they assaulted Mr. Buckley and stole almost $500 in theater receipts from him, as he was on his way to a bank night deposit box on Main Street, at about 8:30 pm last September 30.
Although Mr. Buckley fell when one of the men pushed him, he was not injured. In fact, the former police officer and school crossing guard, who has artificial joints in both knees and one hip, tried to give chase to his assailants up Church Street.
At last week's sentencing hearing, Judge Moriarty angrily rebuked both defendants, telling Mr. Ellis it was cowardly "to sneak up on an unarmed elderly man with an accomplice."
Michael Ellis. Martha's Vineyard Times file photo
In remarks to Mr. Geddis a few minutes later, the judge added, "This was a cowardly crime, sir, a crime of violence that affected not only Mr. Buckley, but the community as a whole, because it makes them feel less safe."
Mr. Ellis and Mr. Geddis originally were indicted on charges of unarmed robbery of a person over 60, and assault and battery. The maximum sentence for unarmed robbery is life in prison.
The two men pled guilty on April 6 to a reduced charge of larceny of a person over 60, as well as assault and battery. Those crimes carry a maximum sentence of five years in prison.
Their guilty pleas were the result of an agreement between their defense attorneys and assistant district attorney Laura Marshard, who said after considering the facts of the case, the reduced charge of larceny was reasonable and appropriate.
Mr. Ellis and Mr. Geddis have been held in the Dukes County jail since their arraignment last October, unable to make bail, set at $20,000 and $10,000 respectively.
At last week's hearing, Ms. Marshard started with Mr. Ellis, reviewing his extensive record with the court system and his pattern of escalating criminal behavior, despite many opportunities for probation and rehabilitation. "At what point does the court say that's enough, and there are going to be some serious consequences?" she asked.
Noting that Mr. Geddis has a significant juvenile record and charges pending in other cases, Ms. Marshard described him as "another individual clearly in need of the court's assistance."
Although present in the courtroom, Mr. Buckley chose not to address the court. He did provide comments to the district attorney's office, which were given to the judge.
Judge Moriarty commended probation officer Brendon Lucey, from Barnstable Superior Court's probation department, for the very thorough pre-sentencing reports he prepared on both defendants. Mr. Lucey handles cases for Dukes County Superior Court, which does not have a probation department.
Attorney Rob Hoffman argued in favor of incarcerating his client Mr. Ellis on Martha's Vineyard, because of his recent acceptance at Springfield Technical College for vocational training. Mr. Ellis could pursue his coursework by correspondence if incarcerated at the Dukes County House of Correction, but not at the Barnstable House of Correction, Mr. Hoffman said.
Attorney David Nagle noted that his client, Mr. Geddis, admitted his involvement in the robbery. Attorney Nagle said he believed it was more a crime of opportunity for Mr. Geddis than one that was premeditated. "It seems this was a stupid criminal act that was spontaneous in nature," he said.
Mr. Nagle also argued against incarcerating Mr. Geddis in an off-Island facility, because of the risk of exposing him to individuals who might not be good influences.
Addressing Mr. Ellis first, Judge Moriarty told him, "Sir, you have a horrible record, a horrible record, for a person your age. It's clear you're on the way to doing life on the installment plan." He sentenced Mr. Ellis to two years in the Barnstable House of Correction on the assault and battery charge, with credit for approximately seven months of time served. On the reduced charge of larceny of a person over 60, Mr. Ellis received three years probation at a high level of supervision.
In remarks to Mr. Geddis, Judge Moriarty noted that he also had a "horrible" court record for his age. "The only reason yours is a little better than Mr. Ellis's is because you're younger," the judge added.
Judge Moriarty sentenced Mr. Geddis to one year in the Dukes County House of Correction on the charge of assault and battery, and three years' probation, Level 4 supervision, on the charge of larceny from a person over 60.
Judge Moriarty also announced that he would maintain jurisdiction over both defendants. Noting that the charge of larceny from a person over 60 carries the possibility of a maximum five-year prison sentence, he told Mr. Ellis, "I'm retaining personal jurisdiction over you. If you don't comply with the terms of your probation, I will be back to impose a sentence and you will likely go to state prison."
Judge Moriarty also ordered both men to undergo drug and alcohol counseling, and forbade them to have contact with Mr. Buckley or the Capawock Theatre. Together, they must pay $493 in restitution for the theatre receipts they stole.
In addition, Judge Moriarty ordered Mr. Ellis to participate in the Shock Unit, a residential substance abuse treatment program at Barnstable's House of Correction.
"I'm glad for the victim's sake and for the community's sake that there was closure here," Ms. Marshard said after the sentencing hearing. "The Tisbury Police Department did an excellent job. It was a difficult case, and because of the Tisbury officers' thorough investigation, we were able to put together a viable case."
