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Man pleads guilty to robbery attempt

| May 11, 2005 1:00 AM

A man who pulled a malfunctioning gun during an aborted robbery attempt pleaded guilty to attempted robbery last week.

Richard Avila, 30, was arrested in March after a clerk at Evergreen Gas & Deli on U.S. 2 reported that a man had pulled a gun out his waistband and pulled back the slide, ordering her to empty her till.

His gun jammed.

"If you're going to rob a store, you might get a gun that works," a customer told Avila.

Avila then fled to a car waiting outside and a woman drove him a short distance before crashing the black BMW. Avila reportedly fled from the crash, but returned to it and was arrested.

A 9-millimeter high-powered gun was found the next morning at a home near where the car crashed.

In court Thursday, Avila changed his guilty plea to not guilty and admitted trying to rob the store.

He is represented by public defender Glen Neier. He is prosecuted by Deputy County Attorney Tim Wenz.

He will be sentenced on June 30. A presentence report will probe what, if any, criminal background Avila has. He faces two to 40 years in prison.