A man who was shot while trying to rob a tire shop on Pine Island Road two years ago has been sentenced to 30 years in prison.
Robert Diaz, 29, was also convicted of crimes in an unrelated incident in which he admitted to the attempted robbery and threatened officers transporting him to jail.
In the first instance, in 2019, Diaz walked into a tire store on Pine Island Road with a gun. He ordered everyone to get on the floor and demanded money. One of the victims in the store was cleaning his gun at the time and shot Diaz in the face to stop him from shooting anyone. The victim then rescued Diaz, who was shot in the eye, until the Lee County Sheriff’s Office and emergency medical personnel arrived.
For this crime, Diaz was sentenced to 30 years in prison for one count of attempted robbery – possession of 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 must be served concurrently. Ten years of each sentence must be served as a mandatory sentence under Florida’s 10-20-Life law.
In the second case, in 2021, Diaz was arrested while riding his bike for failing to stop. He fled from law enforcement and threw a bag of books as he ran. Inside the bag was a 16-gauge shotgun and flare, spray-painted black, engraved with a swastika. He was arrested and on the way to jail he threatened the deputies and admitted to robbing the tire store.
For this crime, he was sentenced to 60 months in prison for one count of fleeing/escape from a law enforcement officer with lights and sirens, 30 years in prison for one count of charge of possession of a firearm by a convicted felon, 60 months in prison for threatening to intimidate a law enforcement officer with death or grievous bodily harm, 15 years in prison for possession of a gun short-barreled fighter and time served credit for resisting an officer without violence. The sentences must be served concurrently.
Assistant State’s Attorney Olivia Ferrell prosecuted the cases. The accused qualified under Florida law as a habitual violent offender and a repeat offender released from prison.
Source: State’s Attorney’s Office, 20th Judicial Circuit