Lubbock man 'living on borrowed time' sentenced to 8 years in federal prison

A 40-year-old man who admitted to firing a gun during a robbery last year at a South Lubbock game room was sentenced July 26 to 8 years in prison after a hearing, during which his attorney asked the court for a lenient sentence, arguing he was driven by the stresses of his kidney disease.

However, U.S. District judge James Hendrix said public safety weighed heavily on the sentence he handed him.

Tayron Thomas
Tayron Thomas

"I am too concerned about what you might do if you are out," Hendrix told Tayrone Deshawn Thomas, who appeared federal court for a sentencing hearing.

He faced up to 15 years in prison after he pleaded guilty in February to a count of being a convicted felon in possession of a firearm.

A pre-sentencing report provided recommended to the court a punishment between 77 to 96 months in prison.

Thomas' charge stems from an investigation by the Lubbock County Sheriff's investigation of a July 19, 2022, armed robbery of the Diamond game room in the 1500 block of FM 1585.

A game room employee told responding deputies that a man armed with a handgun wearing a white t-shirt and blue shorts arrived about 4 p.m. at the business in a gold Chevrolet passenger car.

Footage from the business' security cameras showed the robber threaten the employee with a gun while demanding money from the safe behind the desk.

The employee told investigators the robber left with about $3,000 of the business' money.

Before leaving, the robber, later identified as Thomas, fired a round in the employee's direction. The bullet struck the desk where the employee was standing.

Investigators recovered a .380 caliber shell casing from the scene.

The employee provided investigators with the license plate of the vehicle the robber used.

Investigators contacted the owner of the vehicle who said Thomas borrowed the vehicle around 1 p.m. the day of the robbery and told them where they might find him.

Deputies working with the Texas Anti-Gang unit set up at an apartment complex in the 5400 block of 40th Street where they saw Thomas' girlfriend arrive in a in a silver vehicle. They watched as Thomas, his girlfriend and two juveniles entered the apartment.

The group left the apartment and investigators initiated a traffic stop.

As Thomas, who wore a white t-shirt and blue shorts, exited the vehicle, he threw out of a bag of crack cocaine, the documents stated.

Investigators searched the vehicle and found a a .380 caliber handgun where Thomas had been sitting. The weapon was loaded with six bullets.

Authorities also searched Thomas' pockets where they found about $1,750. Thomas told deputies he believed the game room owed him money.

Court records indicated Thomas criminal history included five convictions for possession with intent to distribute a controlled substance and unauthorized absence from a correctional facility. His prior convictions meant he could not legally possess a firearm the day of the robbery.

As part of his plea, two counts of convicted felon in possession of a firearm with an armed career criminal enhancement, were dismissed.

At Wednesday's sentencing hearing, Thomas' defense attorney, David Sloan, told the court his client, who suffers an undisclosed kidney disease, skipped a dialysis treatment that morning for his hearing.

Sloan asked the the court for a sentence below the guideline range, citing his client's failing health.

He said his client has been removed from a transplant list and has lived past what his doctor's predicted.

"He's living on borrowed time," Sloan said.

He said his client's actions the day of the robbery were driven by the stress of his condition.

Meanwhile, prosecutor Ryan Redd, asked for a sentence at the top of the range, saying Thomas' condition, while serious, was one that he's lived with for a long time.

"He's not handling it well and he's committing crimes," Redd said.

Hendrix told Thomas, who did not address the court, that his medical condition didn't excuse his actions. He said people suffering from serious illnesses do not often go around committing crimes.

"One does not follow the other," Hendrix said. "It is no excuse. It is no explanation."

Hendrix told Thomas that his actions were "particularly concerning, dangerous and egregious."

"You put somebody's life in jeopardy," he said.

Thomas also faces state-level counts of aggravated robbery, unlawful carrying of a weapon, possession of a controlled substance and tampering with evidence, stemming from the case. However, those charges have not yet been presented to a Lubbock County grand jury.

This article originally appeared on Lubbock Avalanche-Journal: Lubbock man 'on borrowed time' sentenced to 8 years in prison