Suspect in Xbox-motivated robbery incompetent to stand trial

Jul 26 2012 - 11:20pm


Timothy David Thomasson
Timothy David Thomasson

FARMINGTON -- Prosecutors agreed to dismiss charges against a 21-year-old Layton man who was found incompetent to stand trial.

Timothy David Thomasson appeared before Judge Thomas L. Kay on Thursday. He had been charged with second-degree felony robbery for his role in a robbery at a Chevron Station convenience store in Clearfield on Jan. 17.

Thomasson and the other man involved in the robbery told police they did it so they could have money to buy an Xbox.

Defense attorney Richard Gallegos said his client, Thomasson, "always wants to help others," so it is easy to take advantage of him. Gallegos said Thomasson is receiving mental health treatment at Davis Behavioral Health Inc.

Deputy Davis County Attorney Matthew Johnson said two doctors who examined Thomasson came back with the same opinion, that Thomasson was not mentally competent.

Johnson said his office had agreed to dismiss the charges without prejudice as long as Thomasson agrees to continue his counseling, take his medication and agree to do what his mother, who is the legal guardian, tells him to do.

Kay agreed to have the charges dismissed as long as Thomasson's doctor reports to Gallegos on Thomasson's progress.

Clearfield police said Thomasson drove the car that helped Dustin Lee Ferguson, of Clearfield, get away after he walked into the convenience store and told the employees he had a gun. Ferguson, 18, was sentenced in March to serve six months in jail, three years' probation and 100 hours of community service. Kay stayed a sentence of up to five years in Utah State Prison.

Ferguson pleaded guilty to third-degree felony attempted robbery and a threat of violence, a class B misdemeanor, on Feb. 16. He was originally charged with second-degree felony robbery.

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