BK robbery case considered to be misdemeanor, not felony

Suspect accused of committing theft offense at Burger King.
Cary Ashby
Feb 4, 2014


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.




Its still robbery!! What the hell is wrong with you Leffler?


Its not robbery when the worker hands the money out... Remember what paper is reporting the story.


So if someone gives the impression of a gun and "asks" you to open the door to your house and "hand over some money"....without a mask on, that is NOT a robbery? I did not know you had to wear a mask for it to be a robbery. I will admit this whole fiasco does sound odd and probably is an inside job of some sort. BUT....the excuse of the prosecutor and the no mask comment is ridiculous!

JMOP's picture

So why not extortion charges?


OKAY,so cool. This guy needs to write the "MISDEMEANOR ROBBING For DUMMIES" book and I need to buy it and try it. Heck, only a misdemeanor? That's like getting caught with a single doobie. With all the unemployment a book like this would be a huge best seller. MR. and I say MISTER Vargus is my new hero! Hades yes he is! He bucked the system and bucked it good.




I heard that he is the Manager of Bk boyfriend. The same one who gave the cash.


ok ok ok I'll asked the easy question Mr. Russell Leffler, if this guy was say a little darker, maybe with a lot of hair (fro) and lets just say was into that rap thingy music.....how would had this story went down? And a witness reported he had a gun!!!! receiving stolen property last I checked was a felony? how much cash was taken? over $499.00? That's also a felony. Girlfriend was not arrested but you think you know who it is? That has NEVER stop the police from making a arrest and making the defendant prove they are innocent. So again if this case involve a darker suspect how many felony charges would they have been charge with?


lmao I'm sorry, but my wife just made a excellent point (which doesn't happen too often)! So by Russell Leffler logic, this guy could had walked into a bank, and as long as he didn't use or threaten force and didn't wear a mask, and asked for the teller to put all the money in a bag than he only committed a misdemeanor. Hey Reflector or Register someone with some reporting experience.... WHY AREN'T YOU GUYS ALL OVER THIS? Fired the interns and hire some professional reporters! WOW