GOSHEN — An Elkhart man faces up to 40 years in prison for attempting to rob two men while armed with a BB gun.
Javelle Osby, 18, appeared in Elkhart Circuit Court on Thursday morning, Sept. 26, for an initial hearing and was appointed an attorney from the public defender’s office.
He is charged with two counts of attempted robbery with deadly weapon, a class B felony, which carry a maximum sentence of 20 years for each count.
According to a probable cause affidavit filed in Elkhart Superior Court 5, Osby and another black male, whom he told the Elkhart Police Department he knew only by a street name, approached Joshua Riley and Nolan Nickoson on a bridge on the north side of Island Park in Elkhart on the evening of Aug. 11, 2013.
Riley and Nickoson told police two black males approached them, one pointing a large gun with two handles, and demanded the two men empty their pockets.
Osby was later identified as the man holding the gun.
Riley and Nickoson removed personal items from their pockets and placed them on the ground.
Riley told police that despite fearing for his life, he grabbed the gun. He realized it was a BB gun and attempted to take it from Osby, resulting in a fight.
Osby and his accomplice ran from the scene.
Riley chased the suspects, who fled to High Dive Park, while Nickoson picked up their belongings and then joined the chase.
As he ran through the park, a juvenile female confronted both victims and said they were not going to hurt her brother. She chased them to the area of Cone Street, where she hit Nickoson on the head with a rock.
Nickoson required two staples in his head to treat the cut, according to the affidavit.
A concerned neighbor called police and officers were unable to locate anyone but the two victims at the scene.
Police learned that Riley recognized a juvenile male who had been with the juvenile female who chased him.
Police were able to identify the female, who admitted to throwing rocks at Riley and Nickoson as they chased her brother, Javelle Osby.
Riley contacted the Elkhart Police Department and said he had recognized one of the men who had robbed him. Police responded and identified Osby as the man Riley had seen.
Osby was interviewed after waiving his Miranda rights and provided details of the robbery consistent with the report made by Riley and Nickoson, including drawing a picture of the gun.
Nickoson identified Osby in a photo lineup as the man who pointed the gun at him during the robbery.
Osby was arrested on Tuesday, Sept. 17.
His trial is scheduled for Feb. 3, 2014, and he remains in the Elkhart County Jail with a bond of $75,000.
He was previously arrested on May 30 for disorderly conduct, a class B misdemeanor, and resisting law enforcement, a class A misdemeanor, according to Elkhart County Jail records.