Man pleads guilty, gets 5 years for armed robbery

SALEM – The last of three men involved in a home invasion in which they robbed and tied up the wrong man during a robbery stealing $100 and a cell phone was sentenced to five years in state prison to be followed by another two years of probation, then he will be deported.In Salem Superior Court Wednesday afternoon, Delvis Diaz-Vargas, a 32-year-old super market worker, of Hartford, Conn., changed his plea of not guilty to guilty to charges of armed robbery and home invasion before Judge Timothy Q. Feeley.The charges arise out of an incident in Lynn on Feb. 8, 2010 when Diaz-Vargas, carrying a Glock semi-automatic firearm along with Jose Romero, 27, and a third unidentified male busted into the home of Philip Maulding, 28, at 229 South Common St., apartment 2.Maulding had just moved into the apartment two weeks ago, when he heard a noise and went to see what it was.The three intruders, who authorities believe had a key to enter because there was no forced entry, herded Maulding into his bedroom where they tied his hands and legs with electrical tape.Then a fourth individual, Rafael Cintron, 38, came on the scene, looked carefully at Maulding and told his accomplices, “We have the wrong man.”The men fled, but not before stealing $100 and a Sony cell phone from Maulding.Maulding was able to free himself and walk to a relative?s home and call police.Three of the intruders were later identified by Maulding through a series of photos shown to him by police. The fourth man still remains unidentified.Authorities believe the men were looking for a drug dealer to “rip off.”Assistant District Attorney Michael Patten asked for 8-to-10-years in state prison with probation saying it was based on the facts and nature of the crime.Defense lawyer J.Thomas Kerner suggested the five years in state prison, with probation, pointing out that his client doesn?t “stand alone” in committing the crime while reminding Feeley that the two other accomplices received that punishment.?I am very sorry what happened in this case,” Diaz-Vargas told Feeley before his penalty was handed down.As a special condition, Diaz-Vargas was ordered to have no contact with Maulding and to stay away from him.Feeley warned Diaz-Vargas that failure to abide by all terms of his probation contract could result in a violation in which he could face a mandatory 20-year state prison term on the home invasion charge.Because Diaz-Vargas is not a U.S. citizen he is expected to be deported back to his native country, the Dominican Republic after he completes his sentence.The judge credited him the 475 days he has spent in jail awaiting trial on the case.Romero and Cintron pleaded to their role last week in the crime and are now each serving five years in state prison to be followed by two years of probation.