A Garland County Circuit Court jury wasted little time Tuesday in finding a habitual offender with 38 prior felony convictions guilty and sentencing him to 60 years in prison for burglarizing a local man's home in 2016.
The seven-man, five-woman jury deliberated for only 20 minutes before finding Alton Ray Robertson Jr., 56, of Hot Springs, guilty of residential burglary and only 12 minutes before recommending the maximum of 60 years and a fine of $15,000. His sentence was enhanced because of his multiple priors, including eight convictions for residential burglary.
The jury returned a verdict of not guilty to an additional felony charge of aggravated assault stemming from allegations he pulled a knife on the burglary victim at one point and later picked up a rock as the victim chased him.
Deputy Prosecutor Kara Petro, who represented the state along with Deputy Prosecutor Trent Daniels, said the jury's decision on the assault charge was likely based on the fact the victim had chased the victim out of the house and up a trail before he pulled the knife out.
She said Robertson never actually brandished the knife at the victim and never made any threatening remarks while armed with the knife or the rock. She said the fact Robertson was "trying to get away" was probably a factor.
"I really want to thank the jury for serving and doing their job and carefully listening to the evidence and giving it the proper weight it should be given," Petro said, noting she was "very happy" with their decision.
Despite the lengthy sentence the jury rendered, Petro noted under sentencing guidelines, because of Robertson's age, he could be eligible for parole after 10 years if he was a model prisoner and earns all his good time credit. Even if he was "the worst prisoner" he would likely be eligible for parole in 20 years.
She said Daniels pointed out Robertson will be at least 65 and possibly 75 by the time he gets out and "maybe that will slow him down a little" and he will be "off the streets" for quite awhile.
Robertson, who has remained in custody since his arrest Nov. 18, 2016, is classified as a habitual offender, having been convicted on June 19, 2000, in Clark County of commercial burglary, theft of property and five counts of second-degree forgery; on Aug. 7, 2000, in Pike County of 12 counts of second-degree forgery and one count of residential burglary; on Feb. 28, 2001, in Garland County of fraudulent use of a credit card; on April 2, 2001, in Hot Spring County of seven counts of residential burglary, four counts of theft of property, two counts of second-degree forgery and one count of breaking or entering; on Dec. 2, 2011 in Pulaski County of breaking or entering; and on May 29, 2015, in Garland County of theft of property.
According to probable cause affidavit on the charges, on Nov. 18, 2016, Hot Springs police responded to a residence on Westover Street to a burglary in progress. The resident stated he had entered his home around 8 a.m. and discovered a white male, later identified as Robertson, inside his house.
He said Robertson was holding a purse, duffle bag and a guitar that had been taken from the residence and was standing at the entrance to his office. He said he retreated down the stairs toward the basement "to search for something to defend himself with" and the man followed him down the stairs.
He said he confronted Robertson about being inside his home and told him to stop and that he was calling police. When he pulled his phone out, Robertson ran past him as he tried to contain him in the basement. Robertson began running down East Grand, he said, as he pursued him to a mountain trail on Hot Springs National Park property.
The resident said Robertson stopped while he was chasing him and turned around with an opened folding knife in his hand. He asked Robertson if he was going to cut him and he began running again. He said he warned Robertson he had a concealed carry permit, although he didn't have his gun with him.
Robertson turned around again with the knife still in his hand and grabbed a rock from the trail. The resident noted he was fearful Robertson intended to injure him, but didn't want him to escape. He asked him if he was going to throw the rock and Robertson dropped it and began running again.
The resident said Robertson fell at one point and he was finally able to convince him to stop running and walked him out of the woods to where police officers had arrived and took Robertson into custody.
When interviewed later, Robertson admitted to entering the residence after being told it was vacant and that he was looking for items to steal. He said he was frightened by the homeowner and began running from him. He admitted he had a folding knife and that he pulled it out at one point along with other contents of his pocket.
He also admitted he picked up a rock during the event because he was "fearful the victim would shoot him." He said he threw a tablet and cellphone he had stolen during the pursuit. The tablet was irreparably damaged and the phone was never found.
Local on 03/28/2018