Grady Judd: Suspect in botched deadly robbery back behind bars after charges temporarily dropped

DAVENPORT, Fla. - A suspect in a botched robbery that turned deadly outside a Davenport motel last year is back behind bars, according to law enforcement officials. 

The Polk County Sheriff's Office said Robert Cruceta-Pimentel, 32, was arrested once again on the same charges related to the December 2023 botched robbery that turned into a deadly self-defense shooting. 

Investigators said this comes after all the charges were dropped against him temporarily by the State Attorney's Office.

Planned robbery turned deadly shooting

Deputies said Cruceta-Pimentel was involved in the botched robbery that led to the death of Harold Omar Sepulveda-Cruz. It all happened outside the Tropicana Resort Motel near I-4 and US 27 in Davenport. 

READ: Grady Judd: Suspect who tried to rob Davenport man with fake gun shot and killed outside motel

Cruceta-Pimentel and Sepulveda-Cruz were accused of conspiring together to stage a robbery during a marijuana sale in the suspect's vehicle, according to the sheriff's office. 

As the sale was happening, Sepulveda-Cruz hopped into the back of the car and threatened the victim with a fake gun, which was made out of a screwdriver and a piece of wood. 

According to authorities, that's when the victim pulled out a gun he was carrying and shot behind him into the back of the car multiple times, hitting Sepulveda-Cruz and killing him. 

Cruceta-Pimentel was accused of grabbing the fake gun and marijuana and throwing it over a fence at the motel. 

Why were charges dropped?

The suspect was originally arrested on 10 charges on December 20, 2023, after the shooting. Cruceta-Pimentel was behind bars at the Polk County Jail until he was released on Sunday after charges were dropped. 

"The state had three days and really one business day before we were supposed to go to trial in the case, had dropped, dismissed all the charges and released him from jail," said Cruceta-Pimentel's defense attorney, Ralph Maiolino III with Smith and Eulo, PLLC, which is based in Orlando.

No information was immediately released on why the charges were temporarily dropped in the case. Maiolino said he and Cruceta celebrated his freedom.

"The fact that we get up to the day of trial almost, and you drop it, it does lend itself to the common sense, like, ‘okay, this thing is done. They finally agreed with us that their case is really not strong enough to bring before a jury,’" said Maiolino.

PCSO officials said Maiolino released a statement about his client's release, which "included false and exaggerated claims." 

But when Cruceta went to the sheriff’s office to get his phone and car back, he found himself in handcuffs once again.

"He shows up at the office today to pick his car up when ‘surprise, we’ve got a capias for your arrest for felony murder,’" said Polk County Sheriff Grady Judd.

Back behind bars

The sheriff's office said they were able to quickly locate a key witness. 

"We found the witness, and we asked the witness, ‘are you willing to testify?’ ‘Well, of course I am.’ ‘Are you ready to go to court?’ ‘Sure, I am.’ So, we went to the state attorney’s office, and they refiled the case," said Judd.

The key witness was what allowed prosecutors to re-file charges against the suspect just three days after he was released from jail. 

"I would like to thank lawyer Ralph R. Maiolino of the law firm Smith & Eulo PLLC for bringing to my attention that the murder charge against his client, Mr. Cruceta, had been temporarily dropped," Polk County Sheriff Grady Judd said in a statement Wednesday. "This allowed us to quickly locate a needed witness, which enabled the State Attorney's Office to re-file murder and other charges against his client. I thank the State Attorney's Office professional team for their persistent and hard work in this case."

Now it comes down to the court a second time. Cruceta-Pimentel's defense attorney called it a weak case and said he plans to fight the charges in court. 

"We'd like to talk to them as we're allowed to under the criminal procedure rules, under oath to figure out what was said to him, why, if he's come forward at such a late hour and then what he would testify about," said Maiolino.

Now that Cruceta-Pimentel is back in jail, PCSO said he is facing the same 10 charges as before, including: 

1. Second-degree felony murder
2. Conspiracy to commit a robbery
3. Possession of cannabis with intent to sell
4. Possession of heroin
5. Possession of drug paraphernalia
6. Possession of a controlled substance without a prescription
7. Maintaining a vehicle for drug use and sales
8. Two counts of tampering with evidence
9. Providing false information to law enforcement
10. Unlawful use of a two-way communication device

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