A 42-year-old Tooele man who was convicted by a jury of robbing Birch Family Pharmacy at gunpoint was sentenced in 3rd District Court Tuesday to up to 15 years in prison.

Darin Ray Anderson was arrested after a police investigation connected him to the Jan. 7, 2008, robbery of the pharmacy on Tooele’s Main Street. Anderson walked into the pharmacy masked and brandishing a handgun just after 10:30 a.m. He threw a hand-written note across the counter demanding OxyContin, a prescription painkiller. Pharmacy owner Sheldon Birch complied and Anderson fled in a dark blue Chevy Suburban with $25,000 (street value) worth of prescription drugs.

Police later tracked down the getaway vehicle at a residence in the Grandview Village trailer park in west Tooele, and brought Anderson in for questioning. During the interview, Anderson denied ever leaving the trailer park that day, but did openly admit to his use of prescription pain medications.

Following the interview, Anderson was taken into custody and booked into the Tooele County Jail on suspicion of aggravated robbery, aggravated assault — both first-degree felonies — and illegal possession of a controlled substance, a third-degree felony.

The prosecution offered Anderson the opportunity to plead to lesser charges, but he refused, according to Tooele County Attorney Doug Hogan.

A three-day jury trial was held in January. The eight-member jury returned with a guilty verdict on all three charges.

Defense attorney Douglas White asked the court to rule a mistrial based on not being allowed to present a photo of a juror’s vehicle as evidence.

“It was an exhibit that he wanted to present and we objected and the judge agreed,” Hogan said. “The defense wanted a mistrial because they felt they didn’t get to present all of the evidence. They felt like their client was prejudiced.”

The photo was one of a series of photos of dark-colored Chevy Suburbans that the defense was using to argue the point that the getaway vehicle could have easily been a number of other vehicles around town.

Judge Stephen Henriod denied the motion, saying that the defense had plenty of other photos submitted as evidence to get their point across.

“I believe he had a fair trial,” Henriod said.

Henriod said a pre-sentencing report left him slightly disturbed because it detailed Anderson’s inability to take responsibility for his actions.

“Mr. Anderson is still denying he did the crime,” Henriod added. “We’ve sat through trial and heard the evidence. There is no doubt in my mind that he did this.”

White told the court his client does not have a violent history, though does admittedly have a history of drug abuse.

“I’m a threat to no one,” Anderson said. “I’d like to rebuild my reputation.”

Following the defense’s statements, Birch told the court that his wife and two young children were present at the pharmacy when he was robbed — multiplying the threat he felt.

“If anything had gone worse, what risk could there have been?” Birch said. “A person might say he didn’t have any intention of hurting anyone, but if there’s a gun present like there was in this case, we have to assume that it can be used.”

Also present in the pharmacy were two employees and two customers, Birch said.

“There was definite risk and definite threat to me, my wife, my children and the four other families whose family members were present that day,” he said. “I would like to see this individual gone. This isn’t a singular incident. There is a problem in society with pharmacy robberies and I would like to see this sentence deter this type of crime.”

Hogan seconded Birch’s comments.

“For more than a decade, Mr. Anderson has abused drugs,” Hogan said. “He does not see himself as he truly is. This is a case that a message needs to be sent to the community. I absolutely believe he should be out of the community.”

With that, Henriod sentenced Anderson to one to 15 years in prison on the aggravated-robbery charge, zero to five on the aggravated-assault charge, and zero to five years on the charge of illegal possession or use of a controlled substance. All of the terms are to be served concurrently. Anderson was also ordered to pay a $10,000 fine and restitution to the pharmacy — a number which is still being determined.

Jamie Belnap: jamieb@tooeletranscript.com