By Shereen Siewert
One of two Wausau-area men accused of robbing a 15-year-old boy at gunpoint and threatening to kill his family rejected a plea deal this week and will go to trial on armed robbery charges.
Davin Smith, 19, appeared Tuesday in Marathon County Circuit Court for a scheduled plea and sentencing hearing in the case, but ultimately rejected the state’s offer. Details of the proposed plea deal were not immediately available.
Smith, of Schofield, and 19-year-old Devlin Benes, of Wausau, were charged in September in connection with the incident.
Police say the two men picked up the alleged victim to “hang out,” then eventually drove to Rib Mountain State Park. While at the park Smith allegedly pulled out a black, Glock 19 9-mm pistol with hollow-point ammunition, pointed the gun at the victim’s head and ordered him to empty his pockets and give the contents to Benes. The victim then turned over cash, a vape pen, an iPhone 8 cell phone and the code to access his phone, according to the police report.
The men also allegedly took the victim’s shoes.
The alleged victim also told police Smith pointed his gun at the head of a teenage girl inside the vehicle and threatened to kill her, a story the girl later corroborated during an interview with police, according to court documents.
Benes then drove the victim back to his home and Smith warned the victim not to tell anyone or the police or he would come back to the home and kill the victim and his entire family, the police report states.
The alleged victim reported the incident to a teacher at his school the next day.
Court records show Benes has five additional open cases in Marathon County and was released on a $250 cash bond the same day the alleged robbery took place. His case has not concluded.
Smith remains behind bars on a $25,000 cash bond. Trial dates have not yet been set.
