30 Year Prison Sentence for Two Crimes

A man who tried to rob a tire store at gunpoint in Lee County in one case and threatened law enforcement in another, was sentenced to 30 years in prison.

In the first case, in 2019, defendant Robert Diaz walked into a tire shop on Pine Island Road in Lee County, with a rifle. He ordered everyone to get on the floor and demanded money. One of the victims in the shop was cleaning their gun at the time and shot the defendant in the face to prevent the defendant from shooting anyone. The victim then rendered aid to the defendant, who got hit in the eye, until the Lee County Sheriff’s Office and emergency medical personnel arrived on scene.

For that crime, Diaz was sentenced to 30 years in prison for one count of Attempted Robbery – Possessing a Firearm. He was also sentenced to 30 years in prison for one count of First-Degree Burglary and 30 years in prison for one count of Possession of a Firearm by a Convicted Felon. The sentences are to be served concurrently. Ten years of each sentence is to be served as a mandatory sentence pursuant to Florida’s 10-20-Life law.

In the second case, in 2021, the defendant was pulled over while riding a bicycle for failing to come to a stop. He fled from law enforcement and threw a book bag down, while running. Inside the bag was a 16-gauge shotgun and a flare gun, spray painted black, engraved with a swastika. He was arrested and during the ride to jail he made threats to the deputies and admitted to the robbery of the tire shop.

For that crime, he was sentenced to the following: 60 months in prison for one count of Fleeing/Eluding a Law Enforcement Officer with Lights and Sirens, 30 years in prison for one count of Possession of a Firearm by a Convicted Felon, 60 months in prison for Threats of Intimidation of Death or Serious Bodily Harm to a Law Enforcement Officer, 15 years in prison for Possession of a Short-Barreled Shotgun, and credit time served for Resisting an Officer without Violence. The sentences are to be served concurrently.

Assistant State Attorney Olivia Ferrell prosecuted the cases. The defendant qualified under Florida law as a Habitual Violent Felony Offender and a Prison Releasee Reoffender.

Samantha Syoen – Communications Director, State Attorney’s Office