Judge Wolke sends message to heroin users with robbery sentence
Judge Pat Wolke today sentenced 22-year-old Bryan Lee Malek to three years in the Oregon Department of Corrections for his participation in a robbery that occurred in the morning hours of Aug. 19, 2013.
Deputy District Attorney Lisa Turner told the court that Malek and Cody Mayer picked up Jessie Cole Aaron to give him a ride, but instead of taking him to his desired destination, they drove through the backstreets of Grants Pass and eventually stopped at the intersection of G and Foundry streets where Mayer pulled a gun on Aaron, stole his wallet and then ordered Aaron to leave the car and they drove away.
Public Safety Detective Josh Nieminen testified Malek called his significant other, Michael Martin, while in jail and bragged that when he got out he would start injecting heroin again.
Aaron testified to the court and said the punishment did not fit the crime, he had known Malek for over 10 years and he was not a violent man. Defense Attorney Brett Claar said justice is taking the victimís wishes into consideration and asked for probation.
Judge Wolke enacted the escape hatch on the Measure 11 crime of second-degree robbery Malek pled guilty to because Malek remained conviction free for an extended period of time. Malek otherwise would have received 70 months in prison.
Wolke said this case was hard to judge but he had to send a message to the heroin-using community.