FARMINGTON -- A no-bail warrant has been issued for a man who pleaded guilty to two class A misdemeanors but failed to show up for his sentencing hearing Monday.
Daniel Rivera, 31, had a sentencing hearing scheduled before Judge John R. Morris in 2nd District Court. On March 31, he pleaded guilty to wrongful appropriation and reckless endangerment, both class A misdemeanors.
Rivera was originally charged with first-degree felony aggravated robbery in an Aug. 29, 2009, shooting in Clearfield.
According to court documents, Rivera worked in a store with the victim, who was robbed in his Clearfield driveway and then shot after Rivera's brother, Ramon Rivera, took a bag he thought contained $2,300 but held only trash.
"We agreed to the lesser charge because Daniel (Rivera's) involvement was much less than his brothers'," said Deputy Davis County Attorney Steve Major. "He was not involved in the shooting; he just alerted his brothers when the victim left the convenience store."
On March 24, Daniel Rivera also pleaded guilty to two counts of second-degree felony possession of a controlled substance in 2nd District Court in Ogden. A sentencing hearing is set for June 2, at which time he could be sentenced to serve one to 15 years in Utah State Prison on each count. Those charges are separate from the robbery incident.
Ramon Rivera, 25, pleaded guilty to one count of first-degree felony attempted aggravated murder Dec. 6, 2010, and was sentenced that day to five years to life in Utah State Prison. That charge was from the 2009 shooting.
He also is serving 57 years in a federal prison for three counts of robbery, possession of a firearm by a convicted felon, possession of a firearm with an obliterated serial number and three counts of brandishing a firearm during a crime of violence. Those charges stem from other 2009 robberies in Davis County.
A third brother, Michael Rivera, 30, is still waiting to have his case resolved. He is charged with first-degree felony aggravated robbery and second-degree felony aggravated assault in the Clearfield shooting.
Police say Michael Rivera was with Ramon Rivera, who shot the man in his driveway.
Major said attorneys are waiting for Morris to decide whether recorded conversations Michael Rivera had with his wife, who was in Weber County Jail, can be used as evidence. Morris heard arguments on the matter in January, and prosecutors filed a motion in April asking for a decision.
Michael Rivera is being held in Davis County Jail on $100,000 bail.