An Old Bethpage man said he planned to move forward in life “in a positive way” Thursday after a judge cleared him of a felony charge following his March arrest for the robbery of a pizza deliveryman.
Police also had arrested Jermaine Jones, 21, on a misdemeanor drug charge and a marijuana violation during a traffic stop that followed the March 28 robbery in Lakeview.
But a prosecutor told a Mineola judge Thursday that the Papa John’s deliveryman wasn’t certain that it was the defendant who robbed him.
Jones, a Wal-Mart employee and East Meadow High School graduate, also pleaded guilty to a disorderly conduct violation in connection with the misdemeanor charge and got a sentence of time already served behind bars. The judge dismissed the violation.
“There were many problems with this case . . . that should have indicated he was wrongly arrested,” said Jones’ attorney, Leonard Isaacs of Valley Stream.
Isaacs said his client had affidavits from two witnesses that gave Jones, who has no prior criminal record, an alibi.
In addition, the defense lawyer said records showed his client’s phone wasn’t the phone that the deliveryman had called — and had witnessed ringing in a suspect’s hands — before that suspect took part in the robbery.
Nassau district attorney’s office spokesman Brendan Brosh said in a statement after court that prosecutors moved to dismiss the felony after an extensive probe “determined that there was not enough evidence to sustain a robbery charge.”