Man sentenced for robbery
A man accused of robbing a Butler pizza shop in 2015 with another man was sentenced to prison in Butler County Court on Thursday.
Kevin D. McMillen, 26, was sentenced to 1½ to 3 years in Butler County Prison Thursday by county Judge William Shaffer, after he entered a guilty plea to felony robbery on April 11.
McMillen's attorney, Ian Walchesky, requested the court to sentence his client to county prison, despite the fact that the sentence would have called for a transfer to state prison, as McMillen has been incarcerated in Butler County for 519 days, where he has been held on $50,000 bail, and would be close to his minimum release date.
“If he were to remain in the county, he is almost to the minimum and eligible for parole,” Walchesky said. “He will work with the county to be set up for success upon release with a parole plan.”
Shaffer honored the request.
McMillen was also ordered to undergo 36 months of county probation following parole, pay $450 in restitution and a $500 fine.
He was charged alongside Dustin J. Harvey, 25, of Butler, after an incident at Fox's Pizza, 500 W. Penn St., at 10:45 p.m. Dec. 23, 2015.
Police said a man entered the store holding a gun in one hand and a knife in the other, demanded money from the register and made off in a van. But not before the owner of the shop, Alan Miles, was able to grab a handgun and fire one shot at the vehicle as it drove away, according to court records.
The van was identified as belonging to a Saxonburg woman, who reported to police that she sold it to Harvey, who is her nephew, documents state.
Police then went to Harvey's apartment on West Brady Street and found the van and two people, Harvey and Jeffrey McMillen, who is Kevin McMillen's brother, according to court records.
Harvey reported to police that he allowed Kevin McMillen to borrow the van and that he was not home. Jeffrey McMillen reported that he had been home playing video games all day, and he overheard his brother and Harvey say they robbed Fox's Pizza and a guy shot at them.
Harvey then told police he needed money for Christmas, according to court documents. Kevin McMillen eventually returned to the apartment, and he and Harvey were charged.
Harvey previously pleaded guilty to felony conspiracy to commit robbery, and was sentenced to 2 to 4 years in state prison.
