Carteret man loses appeal to overturn Metuchen bomb threat and robbery convictions

METUCHEN - A Carteret man who pleaded guilty to calling in a bomb threat to Metuchen High School on the same day he robbed a borough bank has lost an appeal to overturn his conviction because the court should not have allowed him to represent himself in Superior Court.

The Appellate Division ruling against Donell Cheek, 34, was announced this week, six months after he was released from Northern State Prison in Newark.

In his appeal Cheek argued the court failed to inform him of the range of punishment he faced and that representing himself would not be wise.

But the Appellate judges disagreed.

"We are satisfied that the trial court's questions were geared toward ascertaining whether he understood the 'perils of self-representation'," the ruling states. "The court fully apprised (Cheek) of the risks and consequences of pro se representation and meticulously reviewed fundamental information about the offenses charged."

On Nov. 2, 2016, Metuchen police received a call from Metuchen High School about a bomb threat. A school secretary reported a man with a thick accent reported a bomb would go off in 20 minutes and to get everyone out of the building. Police, firefighters, emergency medical services and bomb detection dogs all went to the Grove Avenue school, the ruling states.

About an hour later police received a panic alarm from the TD Bank in Metuchen and a 911 call about a man running out of the bank dressed in black carrying a bag. Bank staff reported a man dressed in black and wearing a mask entered the bank, jumped over the counter and demanded money. The man removed cash after a teller opened the drawers, the ruling states.

After the man left, a two-way handheld radio that had been dropped inside the bank was discovered.

According to the ruling, a tracking device was embedded in the stolen cash which initially indicated a location along Interstates 287 in South Plainfield before coming to a stop near Barbour Place in Piscataway.

When Metuchen police arrived in the area they saw unmarked police cars from Piscataway turning onto Barbour Place behind a stopped Buick Lacrosse, which was same location indicated by the tracking device.

Piscataway police arrested the driver, Dashawn Cheek and his brother, Donell who was in the vehicle passenger seat. The vehicle was towed to police headquarters with the tracking device following the same route as the towed vehicle, the ruling states.

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A black backpack in the trunk with $21,883 in cash along with the bank's tracking device, a pair of size 12 sneakers, a two-way radio matching the one found at the bank, two beanie caps, a pair and black sweatpants, a black hooded sweatshirt and black sunglasses were found in the vehicle following the execution of a search warrant, the ruling states.

Also found in the vehicle was piece of paper with two phone numbers, one for the Metuchen Board of Education and the other for Metuchen High School as well as a Linden Walmart store receipt for a screwdriver, two-way radio and two beanie caps. Police also located store surveillance footage of the brothers purchasing the items at Walmart. Donell Cheek and his brother were both charged with conspiracy to commit false public alarm and robbery, false public alarm and three counts of robbery, all second degree crimes, the ruling states. The ruling does not indicate the disposition of the charges filed against Dashawn Cheek.

Donell Cheek filed paperwork to represent himself, in part due to a "conflict of interest" with his public defender.

The ruling indicates Cheek was informed numerous times of the substantial prison time he faced if convicted and that if he represented himself, the court could not assist him at trial. Cheek also was notified he faced consecutive sentences, if convicted.

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Cheek said he understood a robbery conviction was subject to the No Early Release Act, meaning he would have to served 85 percent of the prison terms before becoming eligible for parole. In addition, Cheek said he understood he could be sentenced to first-degree time due to his previous criminal history.

He also was notified that by representing himself he was giving up the right to file for post-conviction relief for ineffective counsel based on his own performance. He was also warned about incriminating himself to a jury.

"I might not be as well-versed in the law as attorneys that are certified under a bar, but I feel like no one knows my case better than I do and it's my Sixth Amendment right to be able to challenge the evidence in the case, and I feel like I'm the best one to do it thus far," Cheek said, according to the ruling.

Cheek requested standby counsel to assist him with motions and research.

After several motions that Cheek presented were denied, he rejected a plea offer with concurrent sentences of 10 years imprisonment on the robbery and false public alarm charges. But later he pleaded guilty to the charges and was sentenced to seven years in prison on the second-degree false public alarm charge and a concurrent seven year term subject to the No Early Release Act and three years of parole supervision on a robbery charge, with the other charges dismissed, the ruling states.

Email: srussell@gannettnj.com

Suzanne Russell is a breaking news reporter for MyCentralJersey.com covering crime, courts and other mayhem. To get unlimited access, please subscribe or activate your digital account today.

This article originally appeared on MyCentralJersey.com: Man loses appeal to overturn Metuchen bomb threa, robbery convictions