MOORHEAD - A 22-year-old Fargo man who aided an armed home invasion in Moorhead by pretending he was delivering pizza to the apartment will avoid prison time and was sentenced to 10 years of supervised probation.
Though his attorney had argued for a deal allowing Jean Roubideaux to have his guilty plea to simple robbery come off his record if he completes probation, the felony will stick.
Roubideaux was one of five men charged in the armed robbery targeted at a suspected drug dealer but mistakenly executed at the wrong apartment unit. He and another man charged cooperated with authorities, testifying against the others in trial.
Roubideaux admitted he pretended to be a pizza delivery man so the apartment residents would open the door.
Clay County District Court Judge Lisa Borgen said Roubideaux's deal for testifying was not going to prison and declined to stay imposition of his sentence, which would have allowed the felony to be removed.
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Defense attorney Craig Richie argued Roubideaux was in some ways a victim himself, as he has learning problems and did not help plan the bungled heist.
"He speaks well, but the elevator doesn't go all the way to the top," Richie said.
An 18-month stay in state prison will be suspended for 10 years. He was also given a 180-day stint in the county jail, time already served prior to his plea.