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Description: Kansas City, Missouri criminal law lawyer represented defendant charged with armed robbery of a pizza delivery driver, after a third suspect involved in the robbery was killed during a shootout with police officers.

Samuel M. David, 20, pleaded guilty before U.S. Magistrate Judge W. Brian Gaddy today to one count of robbery and one count of using a firearm during a crime of violence.

David’s sister, Rochelle E. David, 24, pleaded guilty on April 28, 2022, to the same charges.

Rochelle David placed an order for pizza to a Pizza Hut restaurant on Oct. 19, 2020, in order to lure a Pizza Hut employee to her address to conduct an armed robbery with the assistance of Samuel David and Ennice Ross. When the delivery driver arrived at about 10:18 p.m., Samuel David and Ross confronted him in the parking lot. Ross displayed a firearm in his waistband and Samuel David demanded the driver’s money. Samuel David went through the driver’s pockets, taking a wallet and knife from him. They also took $100 in cash from the driver’s vehicle.

Ross ordered the delivery driver to take them to an ATM to withdraw more money from the driver’s bank account. The driver took them to a gas station, where Samuel David attempted to use the driver’s bank car to withdraw money from an ATM. Samuel David returned to the car and told Ross he wasn’t able to withdraw any money. Samuel David stabbed the driver in the hand with the driver’s knife.

Samuel David ordered the delivery driver to take them to his residence in Gladstone, Mo., while Rochelle David followed in a separate vehicle. Samuel David and Ross accompanied the driver into his residence, where they encountered the driver’s parents. Ross stayed with the driver’s parents while Samuel David walked the driver to his room, where the driver opened a safe and handed him cash. Samuel David and Ross then left the residence.

On Oct. 23, 2020, police officers were conducting surveillance in the area where the armed robberies occurred in an effort to locate Rochelle David in connection with an unrelated homicide investigation. She was seen leaving the apartment building in a vehicle with Samuel David and Ross. Officers conducted a traffic stop of the vehicle in the area of Admiral and Tracy. During the stop, Ross fired upon the officers. The officers returned fire, which resulted in his death.

Under federal statutes, Samuel and Rochelle David each is subject to a sentence of up to 20 years in federal prison without parole for the robbery, plus a mandatory minimum sentence of seven years in federal prison without parole, up to life in federal prison without parole, which must be served consecutively, for the firearm. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.

This case is being prosecuted by Assistant U.S. Attorney Byron H. Black. It was investigated by the Kansas City, Mo., Police Department and the FBI.

Count 1 (Samuel M. David) and Count 3 (Samuel M. David and Rochelle E. David)- Hobbs Act Robbery- 18 U.S.C. §§ 1951(a) and 2

Count 2 (Samuel M. David) and Count 6 (Samuel M. David and Rochelle E. David)- Use, Carry, and Brandish a Firearm During a Crime of Violence- 18 U.S.C. §§ 924(c)(l)(A)(ii) and 2

Count 4 (Samuel M. David and Rochelle E. David)- Kidnapping- 18 U.S.C. §§ 1201(a)(l) and 2

Count 5 (Samuel M. David and Rochelle E. David)- Carjacking- 18 U.S.C. §§ 2119(1) and 2

Outcome: 08/05/2022 49 REPORT AND RECOMMENDATION on Plea of Guilty as to Samuel M David. Objections to Report and Recommendation due by 8/19/2022 unless otherwise directed by the court. Signed on 8/4/2022 by Magistrate Judge W. Brian Gaddy. (Kanoy, Sarah) (Entered: 08/05/2022)
08/05/2022 NOTICE OF HEARING CANCELLATION as to Samuel M David. The jury trial scheduled for 8/22/22 at 9:00 am has been cancelled as defendant has entered a guilty plea. Signed on 8/5/22 by District Judge Gary A. Fenner. This is a TEXT ONLY ENTRY. No document is attached. (Mitchell, Lisa) (Entered: 08/05/2022)
08/05/2022 50 Consent to Entry of Felony Plea Before Magistrate Judge by Samuel M David. (Borneman, Sara) (Entered: 08/05/2022)
08/05/2022 51 PLEA AGREEMENT as to Samuel M David. (Borneman, Sara) (Entered: 08/05/2022)

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