News

Man sent to prison for armed robbery at Triangle Stop

By Bill Moss, Published: June 6, 2017

A Fayetteville man was sentenced to five years in prison after a jury convicted him for an armed robbery at the Triangle Stop convenient store on Chimney Rock Highway on Jan. 14, 2016.

A Henderson County jury deliberated less than one hour before finding Andrew Dalton, 35, guilty of robbery with a dangerous weapon.

Dalton, who was represented by Hendersonville attorney Jason Hayes, was sentenced by Judge Alan Z. Thornburg to five years and three months months in the state prison system. He will be eligible for parole after serving 3½ years.

District Attorney Greg Newman was the chief prosecutor in the case, along with Assistant District Attorney Beth Dierauf.

Store clerk Jeanette Kidd flagged down police officer Eric Larowe and told him that she had been robbed inside the store and that the suspect had run across the highway towards the Jack in the Box restaurant. Kidd testified at trial that the defendant came to her counter at 1:30 p.m. and asked for cartons of cigarettes. When she asked for an I.D., the defendant showed her a black gun that appeared to her to be a 9 mm pistol. Ms. Kidd said that the defendant pointed the gun at her and demanded she give him the money in the cash drawer. The defendant took the money, cigarettes and other items and left the store.

The identification of the defendant occurred after WLOS News13 broadcasted the store security video showing the robbery. As a result of the video, the defendant was identified and apprehended two days later in Polk County, NC. In his statement to police, the defendant said that after robbing the store, he made it to his car and left the area for Fayetteville. He purchased heroin with the stolen money. He threw the gun out of the window of his car somewhere between Hendersonville and Fayetteville. The defendant told police that the gun was a pellet gun that he shoplifted at Wal-Mart shortly before the robbery.

At trial, the defense acknowledged the robbery but contended that Dalton should be convicted of the lesser charge of Common Law Robbery based upon the argument that a pellet gun was used instead of a real gun. Newman pointed out to the jury that the type of gun is not the issue when it appeared to the store clerk to be the real thing.

“Ms. Kidd was the one on the other side of the barrel of a gun that appeared real enough to her. The defendant represented it to be real and he threatened Ms. Kidd with it. She was petrified and felt that her life was in danger. Those facts should convict a person of robbery with a dangerous weapon every time,” Newman said.

“People who work in these stores should not have to put up with this kind of behavior,” Newman added. “I appreciate the investigation of the Hendersonville Police Department and the assistance of Ms. Kidd, who now lives in Florida. This defendant did not receive any plea offer from my office, so he appealed to members of our community on the jury for some form of relief. To their credit, they followed the law and convicted him for what he did. He needed to be held accountable for his actions and our jury did the right thing. They are to be commended,” said Mr. Newman.

The next Superior Court trial term for Henderson County begins July 24.