Theophris Drake
The four-day trial scheduled to begin today for an Alabama man charged in a Minot bar shooting in February has been canceled after he filed a motion to change his plea to guilty.
Theophris Lenaitasi Drake, 39, Birmingham, Alabama, and his attorneys with the Sand Law firm in Bismarck had filed a motion to change his plea for the five felony charges in the case on Friday, delaying jury selection that was set to begin this morning.
Drake turned himself in to the Ward County sheriff shortly before the hearing Monday afternoon having been out of state on a $35,000 cash or surety bond working as a truck driver. North Central District Court Judge Douglas Mattson revoked the bond order on Oct. 17 after denying a motion for Drake’s attorney Elizabeth Hewett to withdraw from the case, citing concerns that his request for new representation was a delaying tactic. The State and Defense also had a back and forth in responses regarding Hewett’s withdrawal, where Larson alleged that Drake had not physically been present for a court hearing since being released on bond.
Drake spent time at the hearing conferring with Hewett and attorney Philip Becher before formally entering his change of plea. Drake pleaded guilty to aggravated assault with a firearm-permanent loss or impairment, a Class B felony; aggravated assault, terrorizing with a dangerous weapon, reckless endangerment-extreme indifference-dangerous weapon, and tampering with physical evidence, all Class C felonies.
The incident occurred on Feb. 24 at the southwest Minot bar which Larson stated was busy due to it being a Friday and karaoke night. An altercation broke out between two men identified as John Doe 1 and John Doe 2 and a friend of Drake’s, leading to Drake pulling out a firearm and shooting Doe 1 and Doe 2, and firing shots in the direction of the karaoke DJ booth. Larson said that John Doe 1 suffered permanent impairment from his injuries, including the removal of parts of his large and small intestines and the removal of his appendix. One of Drake’s victims was in attendance during the hearing, himself being held in the Ward County Jail on unrelated charges.
A third victim, a bouncer at the bar, attempted to confront Drake, who pointed the gun at him and said, “I’ll cap you too.” Drake would flee the scene to a nearby store, where he attempted to dispose of the firearm and hide behind some wooden pallets before he was eventually detained.
Mattson accepted the guilty pleas on an open basis, meaning it is in the Court’s authority to exceed the recommended sentence from the State should he deem it appropriate. The Class C felonies carry a maximum sentence of five years in prison while the Class B felony maximum is ten years.
Drake is now in custody and being held at the Ward County Jail while awaiting sentencing. Mattson ordered a presentence investigation, which will include a psychological evaluation at the request of Drake’s attorneys. No date for the sentencing has been set.
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