Man pleads guilty to robbery attempt after victim gets the best of him

Apr. 03, 2013 @ 06:32 PM

A 26-year-old man pleaded guilty Wednesday in Durham County Superior Court to attempted armed robbery in a case in which the victim ended up holding the gun.

Dewayne McKinley Jiggetts of Dearborn Drive in Durham also pleaded guilty to possession of a firearm by a convicted felon.

Assistant District Attorney Charlene Coggins-Franks told Superior Court Judge Reuben Young that on Sept. 2, 2012, a man was using the ATM machine at the SunTrust Bank on North Miami Boulevard to withdraw $20 to buy pork chops.

As he was using the machine, Jiggetts approached and tried to pull a gun out of his pocket, but the hammer got caught on his jeans, so the gun fell back into his pocket, Coggins-Franks said.

As he again attempted to pull the gun, the victim grabbed Jiggetts' hand and pinned it to his pocket.

"I'm not going to rob you. I'm not going to rob you," Coggins-Franks quoted Jiggetts as saying to the victim.

The victim then flipped Jiggetts over and took him to the ground head first before snatching the .38 caliber gun away. Jiggetts got up and started to flee, but just then a Durham police officer who had been dispatched to the bank for the incident drove up and stopped Jiggetts.

Jiggetts pointed back at the victim, who was holding the gun, indicating to the police officer that he was the dangerous one.

But a security guard at the bank, who witnessed the incident, indicated that Jiggetts was the perpetrator, Coggins-Franks said.

In entering into a plea agreement, Coggins-Franks told the judge that the victim was not scared of the defendant.

"[The victim] said he was lucky he didn't hurt the defendant any more than he did," Coggins-Franks said.

Attorney Nathan McKinney told the judge that Jiggetts was motivated by alcohol and the frustration of unemployment, but since he was jailed following his arrest, he has participated in a substance abuse program in increase his chances of success after he serves his sentence.

"He's learned a great lesson through this about substance abuse and living a life of purpose and being a law-abiding citizen," McKinney said.

Young sentenced Jiggetts to 44 to 65 months in the N.C. Dept. of Corrections. He was given credit for 213 days he spent in jail awaiting disposition of his case.