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BK robbery case considered to be misdemeanor, not felony

Cary Ashby • Feb 4, 2014 at 9:07 PM

The case against a man originally charged with burglary instead will face misdemeanor charges in connection with the same incident.

Javier L. Vargus, 23, of 419 Plymouth St., Plymouth, is accused of committing a theft offense at the Burger King in Willard. The Willard Police Department handled the investigation of the suspected Dec. 19 incident. The suspect originally was charged with burglary, which is punishable by nine months to three years in prison.

Huron County Prosecutor Russell Leffler said he decided to have the case transferred to Norwalk Municipal Court for further prosecution "because it really wasn't a robbery." He said there was no mask involved and "no threat of force."

Leffler said it's more likely the incident was an inside job and it's reasonable to believe "someone handed him the money."

A Huron County grand jury met Friday. As a result, Vargus was charged with one count each of receiving stolen property and theft, both first-degree misdemeanors.

Chief Mark Holden said the clerk reported Vargus had a gun, but he didn't brandish one.

"At this time, we don't believe any firearm was involved," Holden said Monday.

The clerk was working at the drive-thru window about 9 p.m. Dec. 19. Police said Vargus made off with hundreds of dollars and arrested him Christmas Day.

There was a female passenger in the steel blue-colored Ford Explorer driven by Vargus. Holden has said the woman may be Hispanic, but the clerk didn't get a good look at her, although she remembered the woman had long, dark straight hair.

"The passenger we believe is his girlfriend," the chief said early in the investigation.

The case remains under investigation.

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