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Defense Attorney: Drugs Were The Driving Force Behind Weis Robbery

The Lewistown Sentinel

Thursday May 26, 2005

By Frank J. Jost

Sentinel Reporter

A Mifflin man charged with multiple counts of criminal conspiracy stemming from the Nov. 24 robbery of the Mifflintown Weis Market is facing a sentence of three to six years in state prison, following a plea agreement reached between his defense attorney and the prosecution Wednesday.

Michael S. Bryan, 20, pleaded guilty to the charges in the Juniata County Court of Common Pleas. His attorney cited drug addiction as the driving force behind the actions of Bryan and his co-defendants on the night of the robbery.

Bryan appeared before Judge Kathy A. Morrow to enter his plea Wednesday morning, accompanied by his attorney, Philip Masorti of State College, and several supporters. Bryan’s father, Michael S. Bryan Sr., was seen offering encouragement to his son prior to the judge’s arrival.

Sarah Wert, the Weis employee who was allegedly forced to return to the store and open the safe on the night of the robbery, was also present for the hearing. According to court documents, about $36,000 in cash was removed from the safe during the robbery.

District Attorney Ken Mummah opened the hearing by explaining the terms of the plea agreement, recommending a sentence of three to six years for Bryan on the conspiracy counts.

According to documents, Bryan fled from the scene after two of his co-defendants forced Wert into the store at gunpoint. Mummah said Bryan’s involvement in the events surrounding the robbery ended there, leading to lesser charges in Bryan’s case.

Masorti agreed to the terms of the plea agreement, and requested that Bryan be considered for boot camp eligibility when he is sentenced. Mummah said he had no objection to the boot camp option for Bryan.

Following the agreement, Judge Morrow addressed the court.

“This has been a high-profile and heinous incident. I believe many people were shocked in the community and it became a wake up call,” Morrow said.

Morrow then spoke to Bryan, confirming his understanding of the charges and possible sentencing. When asked by Morrow why he was pleading guilty, Bryan responded “I believe it’s the right thing to do.”

Morrow ordered a pre-sentence investigation for Bryan, saying sentencing would probably take place in August.

When asked if he was satisfied with the terms of the plea agreement, Mummah said, “I think the agreement is appropriate within the state sentencing guidelines, but I don’t think you can ever be satisfied when an event like this happens, unless it was prevented in the first place.”

Michael S. Bryan Sr. commented on what he called changes in his son’s life since the robbery.

“Since this all happened, Mike has become a different kid. He’s accepted the Lord, he’s been going to church, and he’s accepted responsibility for his actions,” Bryan Sr. said.

Masorti said he was very pleased with the plea agreement for Bryan.

“I think three to six years is pretty fair, and I’m pleased with the boot camp eligibility. He’s going to get the treatment and rehabilitation he needs,” Masorti said.

Masorti said he had provided the court with a report from Bryan’s physician, indicating Bryan suffers from chemical addiction and attention-deficit disorder. Masorti attributed the events of Nov. 24 to cocaine usage by Bryan and “his high school friends.”

“The doctor says Mike’s actions on the night of Nov. 24 were the result of drug induced intoxication. He’s a good kid who can do great things. Unfortunately, there’s going to be a stop at a state correctional facility along the way,” Masorti said.

Masorti said he had hoped for Bryan to be eligible for the State Intermediate Punishment program, designed to assist people with drug-related issues, but the nature of Bryan’s charges disqualified him from the program.

When asked about the impact of the case on Bryan’s family, Masorti said the situation has actually brought the family closer together.

“The family has not disintegrated. Instead, they are coming together and working to save the life of their son,” Masorti said. “The public needs to know that when you’re high, you lose your ability to reason.”

“Am I going to say he’s innocent? No. He made bad choices and he’s going to pay a price,” Masorti said.

“The origin and essence of the problem is drug addiction … the failure to address the drug issues in kids like Mike will result in further crimes of this type being committed,” Masorti said.

Until sentencing, Bryan remains free on $50,000 modified bail.

Four other defendants, Stanford Adler, Douglas Foose, Allison Smith and Dustin Swartz, also face further court action in the robbery case.

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