A man was sentenced to one year in jail Tuesday for conspiring with two others to commit an armed robbery in Penacook in November that almost took a fatal turn.
Nicholaus Castillo, 19, previously of Hooksett, pleaded guilty in Merrimack County Superior Court in Concord to one count of conspiracy to commit armed robbery in connection with the Nov. 24 incident outside the Penacook Place Apartments. After he finishes serving his sentence, Castillo will be on probation for three years.
Castillo appeared before Judge Richard McNamara in shackles and an orange jail jumpsuit after having spent the last 23 days incarcerated for violating his bail conditions and absconding from pretrial services.
Concord police arrested Castillo and two other men – Devon Gilligan and Chea Chebo – this past March, more than three months after a botched robbery in Penacook almost took one man’s life.
“I understand that this is a severe thing that happened but I also believe it doesn’t reflect who I am,” Castillo told McNamara during Tuesday’s plea and sentencing. “From this point on, all I want to do is improve myself and do better.”
Police allege Gilligan – who faces the most serious charge of attempted murder – had communicated over social media about plans to sell four grams of marijuana for $20 outside the apartment complex but had no intentions of following through on the deal. Instead, they say he planned to rob the man he knew only on Snapchat with the help of two friends.
The victim, Devyn Bowe Iriana, told police when he drove around back of the apartment complex, he saw three men approach his vehicle, including two of whom appeared from the tree line. After Gilligan got in the passenger seat, Iriana sped off, believing he was a target.
Inside the car, Gilligan displayed a 9 mm gun and demanded that Iriana empty his pockets, police said. Iriana refused and told Gilligan to get out of the car, and that is when Gilligan stepped outside and quickly fired off several rounds, causing the car’s back windshield to shatter, police said.
Iriana suffered a gunshot wound to his left shoulder and a graze mark on his right arm. Police said they found bullet holes in the car headrest directly behind where he was seated.
Assistant Merrimack County Attorney Joe Cherniske said in court Tuesday that Castillo cooperated with police from the outset of their investigation and admitted to taking an Uber from Nashua to Gilligan’s residence in the Capital City to participate in the robbery.
Because of Castillo’s cooperation with police, his decision to take responsibility, his young age and his clean record, Cherniske recommended a one-year jail sentence instead of significantly more time in state prison. The felony charge carries a potential sentence of 10 to 20 years.
“The state recognizes that this is a man who is 19 years old with his entire life ahead of him but certainly old enough to know better,” Cherniske said.
As the prosecution called for a one-year sentence, defense attorney John Draghi recommended six months for his client, who he said is taking full responsibility for his actions and working to better himself.
While discussing the plea deal, Draghi said Castillo understood that a recommended sentence of 23 days already served was not enough.
“He understands that this is not a three-week stay in jail. But, nor should it be 12 months,” Draghi said.
He explained that jail has been difficult for Castillo who wishes to stay to himself, serve his time and get out so he can move out of state. Castillo, whose co-defendant is incarcerated in Merrimack County, was transferred to the Carroll County jail after he faced threats for cooperating with police.
After listening to arguments from both sides, Judge McNamara sided with prosecutors’ recommendation of one year due to the seriousness of the crime. At the same time, he acknowledged Castillo’s efforts to improve his life and remarked on a letter Castillo had written and submitted to the court.
“I’m impressed with your sincerity and I think you truly do regret what happened and that you want to change,” McNamara said.
“You have your whole life in front of you and you’ve expressed real remorse,” he continued. “The public just has to know that there are very, very serious consequences for using a firearm or planning a robbery with a firearm.”
The cases against Gilligan and Chebo are scheduled for trial this fall.