Robert Cheney Jr. sentenced to 12 years in 2015 shooting death of Collier student

An Immokalee man who faced charges in a 2015 shooting that left a Collier County high school student dead and another teenager critically injured was sentenced to more than a decade behind bars last month. 

Robert Cheney Jr., 24, faced felony charges of aggravated battery with a firearm and possession of cannabis over 20 grams, according to court records.

He pleaded no contest to the charges Jan. 16 and was sentenced to 12 years in state prison with a 10-year minimum mandatory sentence, court documents show.

Cheney also received a five-year sentence for the drug charge, which he will serve concurrently with the sentence for aggravated battery. He received credit for time served of 574 days.

Prosecutors initially charged Cheney, who was arrested on a warrant in June 2016, with third-degree murder, attempted felony murder and possession of a controlled substance. A judge last year scheduled the case to go to trial in February.

More:Trial date set for Immokalee man charged in 2015 shooting that killed teen

More:Second arrest made in connection with 2015 homicide

More:Reports: Teen hid in bushes after shooting that killed friend

More:Fatal shooting leaves former Palmetto Ridge High School student dead

However, prosecutors dropped the murder charge in January and amended the attempted murder charge to aggravated battery with a firearm, court documents show.

A spokeswoman for the State Attorney's Office declined to elaborate on why the murder charge was dropped and the attempted murder charge amended in Cheney's case, citing the pending sentencing for Cheney's co-defendant, Meliton Cruz.

She said Cruz pleaded to second-degree murder with a firearm and attempted second-degree murder with a firearm. His sentencing is scheduled for Friday.

The Public Defender's Office, which represented Cheney, said it could not comment on its client's case without a confidentiality waiver.

Cheney was arrested on a warrant June 20, 2016, when he visited the state probation office in Hendry County — more than a year after a January 2015 shooting left Marcos Aleman, 17, dead and Michael Stallone, now 21, critically wounded.

Deputies responded to the 2300 block of 50th Avenue Northeast in Golden Gate Estates at 10:14 p.m. on Jan. 21, 2015, in reference to a shooting, according to an affidavit for arrest.

When authorities arrived, they found a 2004 red Ford SUV with Aleman in the front passenger seat, which was covered in blood, and what appeared to be marijuana on the passenger-side floor, the affidavit states. The teenager died from apparent gunshot wounds.

Stallone, who was in the driver's seat when the shooting happened, had made his way to the nearby home of an off-duty Sheriff's Office sergeant. He told the sergeant that he and Aleman had been shot by Cruz, who fled in a white Ford F-150 pickup, according to the affidavit. 

The sergeant called 911 while his wife rendered aid to Stallone, before the teenager was taken to Lee Memorial Hospital for surgery with numerous gunshot wounds, the affidavit states.

Deputies then stopped a 2002 white Ford pickup driven by Cruz, now 21, the affidavit says. In the middle seat was Ino Diaz, now 24, and in the right passenger seat was Cheney. On the floor of the truck, deputies found a semi-automatic handgun and a gallon-size plastic bag with suspected marijuana, according to the affidavit. 

Cruz told investigators in May 2016 that he had talked with Cheney the day of the shooting about purchasing a pound of marijuana from Aleman for $2,500, according to the affidavit. 

Cruz told investigators he picked Cheney and Diaz up and then drove to meet with Aleman. On their way, Cheney showed Cruz a 9 mm pistol that he had kept near his right pocket, Cruz told investigators.

When the trio arrived at the 2300 block of 50th Avenue Northeast — a predetermined meeting spot — Cruz went to Aleman's SUV to buy the marijuana, the affidavit states. Cruz and Aleman began arguing about money that Aleman owed Cruz for a pair of shoes before Cruz shot Stallone and Aleman, the affidavit states.

After he was shot, Stallone exited the SUV and tried to flee. As he was trying to leave, Cheney got out of the truck and started to shoot at Stallone, according to the affidavit.

Cheney then removed a plastic bag containing marijuana from the SUV where Aleman had already been shot, the affidavit says.

When investigators searched Cheney's cellphone, they found photos of him holding several guns, including two firearms that matched the types used in the killing, according to the affidavit. 

In an interview from the hospital, Stallone told investigators Aleman had called him earlier that day asking for a ride to his grandmother’s house. According to Stallone, Aleman said he just needed to make one stop on the way.

Both Stallone and Aleman attended Palmetto Ridge High School, although Aleman had enrolled at Beacon, an alternative high school meant to help students who have fallen behind in their studies.