A Warren man will spend over two years in state prison for his role in a robbery at the Hickory Street Kwik Fill that occurred in January 2021.

Henry J. Viator, 20, was sentenced Friday by President Judge Maureen Skerda.

According to the affidavit of probable cause, city officers were dispatched to the Hickory Street Kwik Fill on a report of a panic alarm.

Police say they were advised that a male “came into the store demanding money while advising that he (had) a gun.”

Witness statements and video footage helped police develop a description of the suspect — a male “wearing a black ballcap, a black Black Lives Matter facemask, a black Steelers zip-up hooded jacket, ripped jeans and sneakers.”

Police say in the affidavit that video footage also helped them to “recreate the male’s steps upon fleeing from

Kwik Fill” and reported that a “black semi automatic replica Daisy Powerline 426 BB gun” and the facemask were recovered and sent to the state police lab.

City police heard back from the state two days later. “The report stated,” according to the affidavit, “that the DNA profile obtained from the stain sample from inside the facemask” allegedly identified Viator as a “match.”

Police then sought a search warrant for a DNA sample from Viator, which confirmed the match.

Viator’s attorney, Chief Public Defender Kord Kinney said Friday that the “legislature has provided mitigated sentences for a reason” and said a 12-24 month county sentence was “appropriate.”

He added that he thinks Viator is “a good kid.”

First Assistant District Attorney Cody Brown said it took two years to bring the case because of the DNA testing required.

Viator apologized to the people involved and expressed a desire to have that message delivered to them. He also apologized for “wasting the court’s time” while telling Skerda that the delay was due to him being “very, very, very scared.”

Skerda cited “continued criminal conduct” since this incident occurred.

While it took two years for the DNA process, Skerda said “there was no admission” or “cooperation” from Viator.

He was then sentenced to 29 to 58 months incarceration in state prison with credit for 13 days time served, $2,575 in fines and fees, $777.65 in restitution, priority for drug and alcohol treatment, submission of a DNA sample and a no contact/no trespass order for United Refining properties and the individual victims on a count of robbery.