Man With Prior State And Federal Convictions Robbed Liquor Store And Shot Clerk

DAYTON ARMED CAREER CRIMINAL SENTENCED TO MORE THAN 29 YEARS IN PRISON

DAYTON – Mickey Allen Fugate, Jr, 40, of Dayton, Ohio was sentenced in U.S. District Court to serve 25 years in prison for an armed robbery he committed in 2009 and an additional 50 months in prison for committing the robbery while on supervised release for earlier federal crimes.

Carter M. Stewart, U.S. Attorney for the Southern District of Ohio, Kevin R. Cornelius, Special Agent in Charge, Federal Bureau of Investigation, and Dayton Police Chief Richard Biehl announced the sentence handed down today by U.S. District Judge Walter H. Rice.

Fugate pleaded guilty on August 28, 2013 to one count of interference with interstate commerce by threats or violence (Hobbs Act) and one count of possession of a firearm following three or more violent felony convictions, (Armed Career Criminal Act).

According to a sentencing memorandum filed by Assistant U.S. Attorney Mary Beth Young prior to today’s hearing, Fugate robbed the Kwik-N-Kold convenience store on Wyoming St. in Dayton, Ohio at gunpoint in November 2009. During the robbery, Fugate shot a male store clerk. The bullet fired at the male clerk struck the victim in the right arm, traveled through his chest cavity, and punctured his right lung, resulting in permanent loss of a portion of the lung. Fugate stole a cash register tray and plastic tip jar and approximately $465 in cash.  Fugate led two citizens who followed him as he fled the robbery in a chase throughout the surrounding area, during which he brandished and discharged a firearm.

Dayton Police officers recovered the cash register tray, tip jar, $168 cash, and the Smith and Wesson handgun used during the robbery from the residence to which Fugate fled. At the time of the robbery, Fugate was on supervised release after serving time in federal prison for armed bank robbery and use of a firearm in a crime of violence and a separate federal charge of attempted escape. He also had two prior Ohio burglary convictions, for which he also served prison terms.

“The offense conduct is all the more disturbing in light of Fugate’s history, which places this offense as only the most recent in a string of violent offenses committed by Fugate,” Assistant U.S. Attorney Young wrote.

U.S. Attorney Stewart commended the cooperative investigation by special agents of the FBI and Dayton Police, as well as Assistant U.S. Attorneys Vipal Patel and Mary Beth Young, who prosecuted the case.
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