Douglas County District Court Judge Paula Martin found Friday that one of five codefendants in a November 2014 home-invasion robbery in Lawrence met the criteria for a non-prison sanction for his crimes.

Zachary John Pence

Martin sentenced Zachary John Pence, 21, of Lawrence, to 36 months probation for the Nov. 8, 2014, armed robbery of four college students at an apartment in the 900 block of Arkansas Street.

At co-defendant Gabriel Patterson’s jury trial last month, Pence testified that he, Yusef Kindell, 21, Cody Kukuk, 22, Driskell Alan Johnson, 20, and Patterson, 21, all of Lawrence, agreed to rob “these people who sold weed.” The five then went to the residence, where Pence broke in.

There, Kukuk used a table leg as a weapon to beat Kansas University senior Christopher Adams, Pence testified, while Johnson threatened the man with a gun and “pistol whipped” another resident.

Pence and Adams testified that after the victims were brutalized, the men took about $1,000, marijuana and an Xbox from the apartment.

In exchange for Pence’s testimony, prosecutor Eve Kemple said at the preliminary hearing that she offered to drop Pence’s charges from burglary and four counts of aggravated robbery to just two charges of robbery. Pence was the first of the five to be arrested and the first to cooperate with the district attorney’s office, according to court proceedings.

Pence agreed to the plea negotiations, pleading no contest to the two charges of robbery May 22.

At Pence’s sentencing hearing Friday, he and his parents spoke of Pence’s past seven months of substance abuse treatment, psychotherapy, cooperation with the court and gaining employment.

Pence’s mother, Laura Porter, of Lawrence, said that she has watched Pence grow since November from a “sullen” and “angsty” young man abusing alcohol and drugs to a “dependably considerate and sweet” person.

“There was no helping him (before the crime),” Porter said. “His arrest was the best thing that happened to him — otherwise, he would have died.”

Pleading for the court’s mercy, Porter said her son is a better person today.

“He wasn’t brought up to do this. (The crime he committed) was horrendous,” Porter said, fighting back tears. “But he has taken responsibility. I have great, great hope for his future.”

Just prior to Martin’s announcement of her decision, Pence said he wished to apologize for his actions.

“I apologize to the victims. I can’t imagine how scared they were during and after (the armed robbery),” Pence said. “I am embarrassed, humiliated and angry at myself.”

Pence said he went along with the crime with his codefendants because he “was lonely and looking for approval” and that it was “easy to keep the false loyalty to Cody (Kukuk) and Gabe (Patterson),” who he had known from high school.

“I am now able to clearly see my self worth,” Pence said. “I am seven months sober for the first time since I was 13, and I know I will successfully complete probation if given the chance.”

Pence’s two counts of robbery would typically warrant a prison sentence, but if the defendant can prove that the offender would benefit from a treatment program outside of prison or if the offender is less likely to reoffend if not placed in a prison environment, the court can sentence the defendant to probation. Martin said Pence had met both criteria.

“You have taken this seriously, been responsible and learned a lot during this time,” Martin told Pence.

Martin ultimately sentenced Pence to 36 months probation. During that time, he may not break the law or consume alcohol. He is also banned from contact with his victims and codefendants. He must also pay restitution of $1,496 along with his codefendants for the crime.

If he violates probation, he will be ordered to spend 32 months in prison.

Johnson and Kukuk were sentenced to three and a half years in prison last month for their participation in the crime. Kindell and Patterson have yet to be sentenced.