Cedar Rapids man gets probation for role in robbery, pistol-whipping

A 20-year-old Cedar Rapids man was given a deferred judgment and probation Wednesday for his part in the robbery and pistol whipping a 19-year-old in 2009.

Elijah Newman pleaded guilty to conspiracy to commit a forcible felony last year and was sentenced to three years supervised probation in Linn County District Court. The first-degree robbery charge was dismissed as part of the plea agreement.

Newman told the judge he was sorry for actions and apologized to the victim, Riley O'Dean, 19, of Cedar Rapids.

“I've changed my lifestyle and I want to be an example for my brothers,” Newman said. “This was a lapse in judgment, not a character flaw.”

Newman said he didn't know what his friends were going to do that night.

Matt Adam, Newman's attorney, said Newman was the driver of the car Dec. 19, 2009 and didn't participate in the assault and robbery of O'Dean.

Michael Hicks, 21, and Bryar Byrne, 20, are Newman's co-defendants charged in the crime. Hicks was sentenced to 10 years and Byrne was sentenced to 20 years for their part in the crime.

O'Dean was attempting to buy marijuana that night when he was pulled into a car by the three men, according to a police report. He was then robbed and pistol whipped before being left on Highway 100. He suffered a gash above his eye from the assault.

First Assistant Linn County Attorney Nick Maybanks said the state had no resistance to the deferred judgment because Newman had cooperated and was willing to testify against the other two defendants in the case.

Newman has no prior criminal record.