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Nigger Gets 15-30 For Home Invasion/Attempted Rape
Robber gets up to 30 years in prison
Updated: 12/24/2010 10:53:23 AM EST
Ervin Warfield Whitby, 32, was sentenced Monday to 15 to 30 years in prison by Common Pleas Judge Michael E. Bortner.
"I wish it was longer," senior deputy prosecutor Justin Kobeski said. "He's the most dangerous person I've seen in my 41/2 years (as a prosecutor)."
On Nov. 10, a jury found Whitby guilty of robbery, burglary, theft and conspiracy to commit robbery. He is also known as Maurice Whitby, which is his brother's name, police said.
Co-defendant Jody D. Witter, 26, formerly of West College Avenue in York City, was tried separately. He was found guilty in May
Witter ... serving 16 to 32 years for the same incident. 2009 of robbery, burglary, conspiracy to commit both offenses, theft and indecent assault.
Witter was sentenced to 16 to 32 years in state prison in June 2009 by Bortner.
Whitby's trial was delayed while awaiting DNA results from a crime lab, Kobeski said.
Maintains innocence: At sentencing, Whitby repeatedly said he's innocent of the crime, but his prosecutor doesn't believe it.
"The evidence was pretty overwhelming," Kobeski said, noting Whitby has a "really bad" prior record and was on parole when he robbed the residential home.
"They victimized the weakest people in our society," he said.
Defense attorney Ron Gross said Whitby will appeal his conviction.
"He maintains he had nothing to do with the horrific act that occurred," Gross said. "You can't feel remorse for something you didn't do."
What happened: Court documents state that
Whitby and Witter knocked on the door of a residential home for the disabled about 9 p.m. Nov. 2, 2008, then burst inside when a resident opened the door.
Witter rushed at the female caretaker of the home, putting her into a chokehold, documents state. Witter then forced her to give him the keys to a van kept at the home, and forced her to open a locked cash box that contained five wallets belonging to the home's residents, documents state.
Whitby and Witter also robbed the adult male resident who'd opened the door for them, according to documents.
Witter then forced the female caretaker to the floor and started to sexually molest her, documents state. He was in the process of pulling down her pants when the male resident yelled he was calling police and both robbers fled, documents state.
Whitby and Witter fled in the home's green 2005 Dodge van, police said.