SHERMAN, TX - A Sherman man was sentenced Thursday to 40 years in prison for assaulting and trying to rob a delivery truck driver in the Sherman Wal-Mart parking lot last summer.

A Grayson County jury in the 15th District Court found Ronnie Lynn Capehart II, 28, of Sherman, guilty of one count of Aggravated Assault with Deadly Weapon and one count of Aggravated Robbery after a three day trial Judge Jim Fallon's court.

On June 17, 2009, Sherman Police responded to the call. The victim, who was an employee of local beer distributor, Andrews Distributing, told police that he had been outside the store in his company vehicle,when he was approached by a man who attacked him, and ultimately pulled a box cutter on him, and tried to rob him. The victim claimed he had fought with the man, until the man got into a tan sedan and left the Wal-Mart parking lot.

Detectives were able to obtain video footage of the incident from the Wal-Mart security system, and confirmed the victim’s version of events. Unable to identify the suspect, police released the surveillance tape to local media outlets. The next day, a neighbor of Capehart called police and told them that she recognized Capehart and the vehicle, and that Capehart had injuries consistent with being in a fight. Police showed the victim a photo line-up, and he was able to pick Capehart out of the lineup as the person who had assaulted him. Upon arresting Capehart, detectives where able to confirm that he had a black eye, and detectives were able to find the vehicle that he had been driving, which matched the vehicle in the video, and that victim had described. Upon questioning, Capehart admitted to being at Wal-Mart, but claimed that the victim had instigated the conflict, and that Capehart had only defended himself.

“Capehart’s story of self defense just was not supported by the video of the incident,” said Assistant District Attorney Laura Gibson, who prosecuted the case. “We had other witnesses who saw the conflict, and it just doesn’t make any sense that a 50 year old professional is going to pick a fight with a 28 year old like Capehart.”

Judge Fallon presided over the punishment phase of the trial and heard evidence that the defendant had previously been sentenced to prison for the offenses of Arson, Burglary of Habitation with Intent to Commit Assault, Abandon/Endangering a Child, and Aggravated Assault with a Deadly Weapon. The Judge also heard evidence from other victims of Capehart who detailed his violent past.

Judge Jim Fallon sentenced Capehart to a total of 40 years in prison.

“People are so tired of jerks like this, who rob and steal, and have no respect for others,” said Grayson County District Attorney Joe Brown. “I am not surprised that Judge Fallon popped him.”

Capehart was represented at trial by Sherman attorney Bob Slagle.