A 37-year-old transient with roots in Batavia will spend 12 and a half years in prison for his first-degree robbery of the Speedway at 204 W. Main St. in September.
Dustin Wayne Bogue was also charged with criminal possession of a weapon and criminal possession of stolen property.
He entered the Speedway at 1:51 p.m. Sept. 14 and Batavia PD responded to a report of a robbery. He was later arrested following an investigation.
Under terms of a previous plea agreement, the maximum sentence Bogue faced was 15 years. He could have gotten a minimum of 10 years. District Attorney Lawrence Friedman said Judge Charles Zambito decided to split in half the maximum statutory time of 25 years, which is how he arrived at 12 and a half years.
Bogue has previously served prison terms for unauthorized use of a vehicle, second-degree assault, and criminal contempt.
His father, Lewis W. Bogue Jr., was convicted in Genesee County Court in 1995 of rape and sodomy (Dustin Bogue was not the victim). Zambito, according to Friedman, said he realized Bogue had a rough childhood but he said that was no excuse before imposing the prison term.
