The man who admits robbing Prosperity Bank, 1701 Avenue Q, in December of 2014, David Lee Brewer, 61, of Lubbock, wants to take back his guilty plea. Brewer pleaded guilty in May.
After a police chase, Brewer was stopped and arrested near Globe Avenue and East Municipal Drive. Court records said police found marked money and a robbery note.
On Tuesday, Brewer filed a handwritten motion that said in part, “My attorney never told me that I am the one who makes the final decision on whether to go to trial or plea bargain.”
As part of the plea bargain, Brewer had to admit in writing to the facts and circumstances of the robbery.
However, in his motion on Tuesday, Brewer wrote, “These circumstances left the defendant no other choice but to plea bargain.”
“This guilty plea was not made freely and voluntarily and should be ruled unconstitutional,” Brewer concluded.
As of late Wednesday morning, a federal judge had not yet ruled on the request to throw out the guilty plea.
