Plea in attempted 7-Eleven robbery

View larger image Daniel Anderson Jr.

By Alex Bridges -- abridges@nvdaily.com

WINCHESTER -- A city man received jail time for threatening a convenience store clerk in March by reciting lyrics from a rap song about robbery.

Judge John E. Wetsel Jr. sentenced Daniel Quinn Anderson Jr., 30, of 201 Liberty St., in Winchester Circuit Court to 12 months in jail for committing one misdemeanor count of assault and battery. The judge suspended all but one month of the term and ordered Anderson to serve one year of unsupervised probation upon his release. Wetsel also ordered Anderson to have no contact with the victim, Jody Mogle.

Authorities initially charged Anderson with attempted robbery following the March 24 incident at the 7-Eleven store, then at 715 S. Braddock St.

Anderson pleaded guilty to the lesser offense under an agreement reached between the commonwealth and his attorney, Kathleen Griffin. Wetsel accepted the agreement. The judge ordered Anderson to begin serving the sentence on Nov. 14.

But had the case gone to trial, the defense likely would have given evidence to show Anderson went into the store and, to the clerk, recited lyrics to the song "Nobody Move," recorded by the late rapper Easy-E, according to Assistant Commonwealth's Attorney Marc Abrams. The clerk took the lyrics as a serious threat, Abrams said outside the courtroom later Tuesday.

Sample lyrics include: "Empty your pockets, but do it slow/Take everything you got and lay it on the [expletive] floor/Don't make me have to set an example today and blow one of you crazy [expletive] away." Abrams did not say what lyrics Anderson specifically recited.

A criminal complaint filed against Anderson states he entered the store at approximately 12:15 a.m. and approached the counter.

"Anderson then advised to the clerk empty your pockets, lay on the floor or i will blow your [expletive] brains out," the complaint states.

The clerk turned her pockets inside out and showed the suspect, according to the complaint. Anderson heard a noise and then began talking to another man in the store.

No money was given to the suspect, according to the complaint. The clerk later contacted the authorities.

While no robbery attempt took place, the clerk still appeared shaken by the perceived threat, which prompted the agreement on the assault charge, according to Abrams.