Man withdraws his guilty plea
A Homestead man, charged in an alleged burglary ring, withdrew his guilty plea in Butler County Court on Friday.
Darius Sheplar, 39, was permitted to withdraw his guilty plea by county Judge William Shaffer, but was denied a request to replace his attorney.
Sheplar first attempted to have attorney J.W. Hernandez-Cuebas removed as his representation, arguing that Hernandez-Cuebas was not acting in his best interest.
“I feel that he was not representing me the right way,” he said.
He said that Hernandez-Cuebas didn't provide him with all the discovery in his case — including victim statements — so he wasn't prepared to fight all the charges against him, never met with him again after the guilty plea and had previously expressed on March 15 that he didn't want to take the guilty plea in the first place.
Hernandez-Cuebas told the court that he has had several in-person negotiations on a number of cases with Sheplar in regards to the plea bargain, and after the plea was accepted, their relationship soured quickly.
Hernandez-Cuebas also explained to the court that after receiving discovery from the Attorney General's Office, he attempted to get in touch with Sheplar, who was out on bail, but he had fled the jurisdiction. Once arrested again, he was again placed on bail and “jumped again.”
“Almost two years back we were set for trial, but he wasn't around to discuss the discovery I had been given then,” he said.
He said that he was still able to represent Sheplar, as he didn't believe that there was cause to be removed. Shaffer agreed, telling Sheplar that there was no reason he saw to reappoint counsel.
“Mr. Sheplar you don't get to choose court appointed counsel,” he said. “Mr. Hernandez-Cuebas has expressed that he is still able and willing to represent you. He is ethically bound to represent you to the best of his ability.”
However, Shaffer did allow Sheplar to withdraw his guilty plea, which had been entered on April 7, pleading to charges of felony corrupt organizations and three counts of burglary.
Sheplar was initially charged with 142 counts — felonies and misdemeanors. All counts were waived to county court before a scheduled preliminary hearing, and many of the charges were later withdrawn. Sheplar was proceeding to trial on 53 counts, including burglary, theft, receiving stolen property and criminal mischief.
When asked by Mark Serge, prosecutor for the Attorney General's Office, if he was telling the court he was innocent of the charges, Sheplar said he was, before saying he was not sure which burglaries he had pleaded to.
“He never explained that to me,” Sheplar said, indicating Hernandez-Cuebas.
Serge then asked if that was still the case, despite “going around with police and indicating houses that had been burglarized.”
“I aided, but I was high when I did it,” Sheplar said. “I'm saying I'm innocent.”
Shaffer ordered a status conference on Aug. 7, and scheduled trial in the October trial term. Sheplar continues to be held in the Butler County Prison on $25,000 bail.
He was charged alongside nine others, alleged to have stolen more than 300 items — including appliances, cabinets, tools, flooring, heating and air conditioning units — from new and unfinished homes in upscale housing plans in Butler, Allegheny, Westmoreland and Washington counties between June 2012 and October 2014.
Four of the suspects would sell the merchandise to the other five defendants, who knew the items were stolen, authorities said.
