A Warren man has pleaded guilty to robbery stemming from a January 2021 incident at the Hickory St. Kwik Fill.

Henry J. Viator, 20, entered the plea Friday before President Judge Maureen Skerda.

According to the affidavit of probable cause, city officers were dispatched to the Hickory St. 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.

Greene confirmed to the court Friday that the robbery charge is a first-degree felony.

That brings a maximum sentence of 20 years incarceration and a fine up to $50,000. The final sentence is in the discretion of the judge and will consider, among other facts, any prior record he may have.

Viator’s attorney, Chief Public Defender Kord Kinney, said that another condition of the plea is that the prosecution will not seek a “deadly weapon” enhancement, which would increase the sentencing ranges.

Greene said that Viator claimed he had a weapon and that the BB gun was found in the area. But, he said, it’s unclear that the BB gun was connected to the incident.

The case was scheduled to go to trial on Monday.

“You know you’ve picked a jury,” Skerda reminded Viator.

“I wish to enter a plea, your honor,” Viator said.

In exchange for the plea, a count of theft by unlawful taking was not prosecuted.