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Former Whitman student acquitted of armed robbery
Justin Schweiger still faces conspiracy charge in smoothie store robbery
Tuesday, Nov. 21, 2006
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by Chris Williams
Staff Writer
A Montgomery County Circuit Court judge acquitted a former Walt Whitman High School student of armed robbery on Tuesday.
Justin Schweiger, 17, of Bethesda, is on trial this week on armed robbery and conspiracy to commit armed robbery charges in connection with the March 30 robbery of a Bethesda Smoothie King store. While he continues to face the conspiracy charge, Judge William J. Rowan III said prosecutors did not present enough evidence to send the armed robbery charge to the jury.
??I do not believe any proof shows anything other than that the defendant was sitting in the car,? Rowan said, granting the defense attorneys? motion for dismissal. ??There has to be something more.?
Rowan denied the same defense motion on the conspiracy charge, which is expected to go to the jury on Wednesday morning following closing arguments.
Assistant State?s Attorney Thomas DeGonia concluded his case against Schweiger on Tuesday with testimony from three witnesses, including Robert Warren, Schweiger?s classmate who pleaded guilty to the armed robbery and recently completed a 30-day sentence at the Montgomery County Detention Center in Clarksburg. Jurors also heard testimony from Warren?s father, Robert S. Warren, and Warren?s girlfriend, a 17-year-old Bethesda-Chevy Chase High School senior who was an accomplice in the robbery, but was never charged in the crime under an agreement with prosecutors.
Schweiger?s classmates Thomas Ashley III, Alexander Krouskas and Patrick Lazear, all 17 and all from Bethesda, also face charges. Ashley is the only one of the codefendants to have his case moved to juvenile court. The remaining students face felony charges in Circuit Court with trials scheduled over the next few months.
On the witness stand Tuesday, Warren described the chain of events leading to the robbery of the Wisconsin Avenue store, though he said he did not recall Schweiger?s specific involvement.
??All of us talked about it, but it came down to between me and Justin,? Warren said. ??Obviously, I was the one who went in.?
According to Warren?s testimony, Warren dressed in a black hooded sweatshirt, gray sweatpants and a black ski mask to rob the store. Lazear drove Warren?s SUV, with passengers Warren, Schweiger, Ashley and Warren?s girlfriend to a nearby location on Wisconsin Avenue, he said. Warren exited the car, while Lazear drove to Bethesda Elementary School to wait. The gun Warren used, a silver replica 9-mm BB gun, belonged to Lazear, he said.
??Pat had the gun, he had brought it and he gave it to me,? Warren said.
Warren said he used his girlfriend?s cell phone to communicate with Lazear just before the robbery. Lazear was trying to call Krouskas, who was working at the Smoothie King at the time of the robbery, to see if Krouskas was there and to let him know that the robbery was going to happen, Warren said.
Warren said no one was at the counter when he entered the store, so he approached the register. Seconds later, an employee named David Hicks appeared from the back and Warren pointed the gun at him and instructed him to give him the money from the register. Krouskas also appeared and did not say anything, Warren said.
Warren received $463 in cash and fled the store to Bethesda Elementary School, where Lazear, Schweiger, Ashley and Warren?s girlfriend were waiting. The four then drove to dinner at a nearby Uno?s pizza restaurant, where Krouskas soon joined them and the group joked around and laughed about the robbery, Warren said.
When asked during cross-examination why he said he initially told police that he was the only one involved, Warren said he was trying to cover for his friends.
??Because I wanted to protect them,? Warren said. ??Because they were all good kids who just made a dumb mistake.?
Schweiger?s trial began on Monday and is expected to conclude on Wednesday. He faces a maximum sentence of five years in prison if convicted of the conspiracy charge. Trials for Lazear and Krouskas are scheduled to begin Nov. 29 and Jan. 8, respectively.