GREENVILLE – The United States Attorney for the Eastern
District of North Carolina, Robert J. Higdon, Jr., announced that today, Senior
United States District Judge Malcolm J. Howard sentenced JOHN DEVERE BATTLE,
25, of Durham, to 1,272 months imprisonment followed by 5 years of supervised release. He was also ordered to pay $35,791.00 in
restitution. BATTLE was convicted on May
17, 2018, after a four-day jury trial, of 12 counts including Conspiracy to
commit Hobbs Act Robbery, Interference with commerce by robbery and aiding and
abetting, four-counts of Brandishing a firearm in furtherance of a crime of
violence and aiding and abetting, Interference with commerce by robbery and
aiding and abetting, Taking motor
vehicle by force, violence and intimidation with intent to cause serious bodily
injury, and aiding and abetting, Bank
robbery and aiding and abetting, two-counts of Possession of a firearm and
ammunition by a convicted felon.
The evidence at trial showed that on May 14, 2016, BATTLE
and others robbed the Kangaroo gas station located at 1807 North Harrison
Avenue in Cary at gunpoint. On June 15, 2016, BATTLE and others robbed the
Quality Mart gas station located at 7411 Chapel Hill Road in Cary at gunpoint.
On June 16, 2016, BATTLE and others committed a home invasion in Cary. During
the home invasion, BATTLE and others robbed the victims at gunpoint, tied up
the victims and threatened to kill them.
One of the victims was pistol-whipped.
BATTLE and others took one of the victims at gunpoint to a bank in Cary
and forced the victim to withdraw money.
The evidence also established that BATTLE was arrested on June 17, 2016
after the execution of a search warrant at a home in Wendell, NC. During the execution of the search warrant, a
handgun was recovered along with numerous stolen items taken from the home
invasion.
This case is part of Project Safe Neighborhoods (PSN), a
program bringing together all levels of law enforcement and the communities
they serve to reduce violent crime and make our neighborhoods safer for
everyone. Attorney General Jeff
Sessions reinvigorated PSN in 2017 as part of the Department’s renewed focus on
targeting violent criminals, directing all U.S. Attorney’s Offices to work in
partnership with federal, state, local, and tribal law enforcement and the
local community to develop effective, locally-based strategies to reduce
violent crime.
In support of PSN, the United States Attorney’s Office for
the Eastern District of North Carolina has implemented the Take Back North
Carolina Initiative. This initiative emphasizes
the regional assignment of federal prosecutors to work with law enforcement and
District Attorney’s Offices on a sustained basis in those communities to reduce
the violent crime rate, drug trafficking, and crimes against law enforcement.
The investigation of this case was conducted by the Cary
Police Department, Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF),
Durham Police Department, Federal Bureau of Investigation, Wake County
Sheriff’s Office, Wendell Police Department, City County Bureau of
Identification and the North Carolina State Bureau of Investigation. Assistant United States Attorneys Peggah B.
Wilson and Ethan A. Ontjes represented the government in this case.
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