A missing security tape led to a Dickinson man pleading down from an aggravated robbery to a robbery charge, officials said.
Joe Javier Rodriguez, 28, was sentenced Monday to two years in prison as part of a plea agreement, court records show.
Rodriguez was accused of robbing a Dickinson business at knifepoint in 2015 and taking a man’s keys and leaving with his truck, Chief Assistant District Attorney Adam Poole said.
A police officer later identified Rodriguez because the owner of the business turned over security video of the incident, Poole said.
But the victim turned over the only copy of the surveillance video and Dickinson Police Department officials have no record of having it, Poole said.
A December 2017 motion for continuance requests for a delay while police looked for the surveillance video.
“The state has provided proof to the defense that the video existed, specifically the state has produced a body camera of an officer that shows him viewing the surveillance video,” the motion asserts. “This body camera, however, does not show in any detail the actual content of the surveillance video.”
The search began when police in September 2017 said they didn’t have the evidence, the motion asserts.
Rodriguez was initially charged with aggravated robbery, but he was convicted on a robbery charge because of the missing evidence, Poole said.
Aggravated robbery is a first degree felony, punishable by five to 99 years in prison, while robbery is a second degree felony, punishable by two to 20 years in prison.