FARMINGTON -- As he was led away in handcuffs, Robert Stephen Gibbs mouthed the words "I love you" to his family in the courtroom.
On Monday, Gibbs, 22, was sentenced to one year in Davis County Jail for trying to rob the Dollar Tree store in Layton.
"I take accountability for what I did," Gibbs said before being sentenced.
"I acted out of character. I feel that I could do good in the community. I want to go back to school so I can take care of my family. Again, I'm sorry."
Gibbs had pleaded guilty to second-degree felony robbery for displaying a handgun at a female cashier at the Dollar Tree after he bought two candy bars.
The cashier ran away after seeing the gun, according to the police report.
Gibbs' attorney, Tara Haynes, argued for a lighter sentence, one that would not include significant jail time.
Haynes pointed to the police report, which, she said, quoted the victim as saying she could tell the gun was not a real weapon.
However, Judge John R. Morris said he could not, in good conscience, order a small amount of jail time.
"An air pistol is still a weapon," he said. "The circumstances classify it as a second-degree felony."
Gibbs has a history of mental health issues, Haynes said, and now that he is on the right amount of medicine, he is more stable.
Morris said he got Adult Probation and Parole to agree to have Gibbs qualify for Davis County Jail's substance abuse program.
However, Morris did not include that in the sentence because, he said, Gibbs didn't seem interested in the program.
Haynes also pointed out that the robbery attempt, which took place after Gibbs purchased two candy bars, was not profitable and Gibbs did not mean to harm anyone.
"He actually lost 60 cents on the transaction," said Deputy Davis County Attorney Jason Nelson.
However, Nelson pointed out that Gibbs had a juvenile record and tried to make the victim of the robbery think the weapon was a real gun. "He stole the gun from Riverdale and colored the tip black."
Morris said the sentence includes no work release for six months.
Nelson agreed with that. "If it were a real gun, we would never recommend work release."
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