Barry Allen was convicted Thursday of theft from Ruby Tuesday restaurant, as well as running from police.Allen, 26, was sentenced in Lincoln County Court to 60 days in jail on all charges after he pled no contest. He also admitted he violated his probation from a previous DUI conviction in August 2016.
In exchange for his plea, the county dismissed charges of driving under suspension, failure to appear twice, aiding and abetting in an unspecified theft and another charge of resisting arrest.
According to court records, Allen was arrested June 6 for stealing money frrom Ruby Tuesday. A manager told police an employee stole an undisclosed amount of currency from the safe and register four times in May.
Security video footage identified Allen opening the safe and removing money from a deposit bag, police said. Allen was arrested that day, but only after a foot chase that covered several blocks. Police said they had to tackle Allen to get him to stop.
Along with jail time, Deputy County Attorney Kortnei Hoeft asked for $692 in restitution -- to be paid to Ruby Tuesday.
Defense Attorney Martin Troshynski said his client has already served 17 days and asked the court to credit his sentence for that much.
Lincoln County Court Judge Michael Piccolo agreed. He ordered the sentences to be served at the same time, revoked Allen’s license for a year and ordered him to pay the restitution, plus court costs.
According to Lincoln County sheriff’s records, Allen was charged twice last year with driving under the influence as well as violating his subsequent probation.
Also, Richard Cash, 26, did not show up in court for a hearing to answer July 1 charges of DUI, resisting arrest and driving under suspension.
Defense Attorney Amanda Speichert did not know where her client was.
“I honestly don’t know what is going on,” she told the court. “He calls me almost every other day and knew about the hearing.”
Speichert asked for a continuance, but Hoeft objected.
Piccolo denied the defense request. He said Cash would forfeit his previous $10,000 bond, and he issued a warrant for his arrest and set his new bond at $20,000.
Dominick Blea appeared for his preliminary hearing on a felony charge of forgery, for allegedly using a counterfeit $100 bill to buy some shoes at Shopko.
Piccolo informed him that prosecutors filed a new felony case against him, charging him with third-degree assault and tampering with a witness.
Blea’s attorney, Troshynski, said he was not aware of the new charges.
Piccolo arraigned Blea on the new charges and assigned Troshynski as the public defender.
“We were planning to waive the preliminary hearing on the forgery case, but I am not comfortable doing so, with the new one,” Troshynski said, as he asked for more time to prepare.
With no objection from Hoeft, Piccolo moved all of Blea’s cases to Aug. 17.
He remains in the Lincoln County jail, held on a $25,000 bond. He is also charged with probation violation, according to sheriff’s records.