By Shereen Siewert

One of two Wausau-area men accused of robbing a 15-year-old acquaintance at gunpoint and threatening to kill his family will avoid prison time if he successfully completes three years of probation.

Devlin Benes, 19, was convicted Wednesday in Marathon County Circuit Court of robbery on charges of use of force and bail jumping in connection with the crime, which happened in September 2018. He was also convicted Wednesday of theft of movable property-special facts and substantial battery-intend bodily harm in two additional and separate cases.

Court documents allege that Benes, along with 19-year-old Davin Smith, picked up the alleged victim to “hang out,” then eventually drove to Rib Mountain State Park where Smith 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.

Davin G. Smith, 19, of Schofield. Felony charges filed Sept. 23 include armed robbery with the use of force.

Circuit Judge Greg Huber on Wednesday ordered a withheld sentence for Benes that includes three years of probation. Huber also ordered a six-month jail sentence that will be stayed for potential rule violations. Benes was ordered to pay $111 restitution and undergo treatment or counseling if his probation agent recommends he do so.

If Benes breaks the rules of his probation he could go before the court to be re-sentenced in all cases and would be granted 391 days credit for time served.

Smith, of Schofield, faces felony charges of armed robbery with the use of force. He is due in court for a plea hearing on Dec. 17.

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