By Shereen Siewert
The second of two Wausau-area men accused of robbing a 15-year-old acquaintance at gunpoint and threatening to kill his family was sentenced this month to three years in prison, according to court records.
Davin Smith, 19, was sentenced Nov. 1 in three separate cases in Marathon County Circuit Court. During a plea and sentencing hearing, Smith was convicted of second-degree reckless endangerment and battery of prisoners, both felony charges. Additional endangerment, battery and armed robbery charges were dismissed but read into the record at sentencing.
Circuit Judge Scott Corbett also ordered Smith to spend three years on extended supervision following his release from prison.
A second suspect, Devlin Benes, 20, was convicted in November 2020 on charges of robbery with the use of force and bail jumping in connection with the crime, which happened more than two years ago. He was also convicted of theft of movable property-special facts and substantial battery-intend bodily harm in two additional and separate cases.
But unlike Smith, Benes was given a withheld sentence, which means he will avoid prison time if he successfully completes three years of probation. Circuit Judge Greg Huber also ordered Benes to pay $111 restitution and undergo treatment or counseling if his probation agent recommends he do so.
Court documents allege that Benes and Smith in September 2019 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.
Smith, who has been transferred to the Wisconsin Prison System, was granted 772 days credit for time served while awaiting trial.
