MOBILE, Ala. (WALA) - A suspect in a gas station robbery caught on camera had his bond revoked and was sentenced to serve five years during a probation revocation hearing Thursday, September 5.
Authorities believe Zachery Moore is seen on surveillance video taken during the violent gas station robbery.
He was on probation for burglary at the time of the crime.
Judge Roderick Stout revoked Moore's bond, and ordered him to serve his the five year sentence for 2011 burglary conviction.
"He is getting credit for whatever he's been in (jail) on the new charge which he is entitled to by law," said Assistant District Attorney Patrick Doggett.
Moore has been in Mobile Metro Jail since early July for robbery and probation violation.
The store clerk, Melissa Powell, sat in the front row at the hearing.
"I'm not ever going to forget this, but I'm not going to let it ruin my life, no. Not after some little bitty boy no, because I'm a lot stronger," Powell said.
For the first time, Moore's defense attorney is speaking out.
"In this country every single person is entitled to a rigorous defense and in every single case the defendant is innocent until proven guilty. In this particular case, I know that you've seen video footage and you've seen his mug shot but that does not prove guilt," said Defense Attorney Christine Hernandez.
This is just the beginning the court process for Moore. His robbery case still awaits a grand jury decision. The state believes it has a strong case.
"Based on the video that we have and the evidence we have and the victim’s testimony, it would be... he is a mandatory life sentence under the habitual felony offender act based on his prior felonies. We will be seeking a life sentence on this case, if convicted of robbery first,” said Doggett.
Police also believe Joseph Caples is seen in the surveillance video, pistol whipping Powell. He is facing a number of charges, including attempted murder. He remains in Mobile Metro Jail.
Powell said Caples tried to shoot her at least three times but the ammunition clip fell out.
"I just said, 'Jesus, help me please.' I'm sorry. I don't rattle until it's that part. I don't get rattled until that," said Powell.
The Mobile County District Attorney's Office said it has a strong case thanks to the surveillance video and Powell's quick thinking.
"I convinced him to carry a TV monitor out, and he thought he had the tape. So I did everything I could to get him out of the store, and when he got out I thought, 'Oh my God! Thank you, Jesus for sending me an idiot to try to kill me,''' Powell said.
The district attorney's office made Moore an offer in return for his guilty plea before a grand jury considers the case. The offer was a blind plea, which means prosecutors made no deal as far as jail time.
The assistant district attorney said Moore rejected the offer.
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