Defendant: Brian Dias (DOB 12/26/86); Tiana Spearmon (DOB 01/17/96)

Jan. 10, 2019 -- Westchester County District Attorney Anthony A. Scarpino, Jr. announced that Brian Dias of Mahopac was sentenced on charges related to an attempted armed robbery of a New Rochelle drug store in July. Westchester County Court Judge Michael Martinelli presided.

Specifically, Dias will serve to two concurrent sentences of 10 years in prison with five years’ post-release supervision. In October, he pleaded guilty to Robbery in the First Degree, a class C violent felony, and Criminal Possession of a Weapon in the Second Degree, a class C violent felony.

Codefendant Tiana Spearmon pleaded guilty in October to Attempted Criminal Possession of a Weapon in the Second Degree, a class D violent felony. Her sentencing was adjourned today to March 7, 2019.

Background
On July 13, 2018, at approximately 3:15 p.m., Brian Dias and Tiana Spearmon drove to Main Street Pharmacy at 761 Main St., New Rochelle. While Spearmon waited in the car, Dias went into the store, put on a black mask and gloves, and pulled out a loaded handgun. He pointed the gun at the pharmacist and demanded money. The pharmacist refused to hand over any money. He told Dias in substance, “Just shoot me, then.” No shots were fired. Dias left the store without taking anything. On his way out, Dias dropped a black left-handed glove, which officers from the New Rochelle Police Department later recovered. Dias and Spearmon drove away. Their vehicle was captured on video as it traveled through New Rochelle. Police were able to identify the Georgia license plate and used that information to locate the defendants and arrest them on July 22, 2018. Officers executed a search warrant on the defendants’ car and recovered the loaded firearm, the mask and the matching right-handed glove.

The case was prosecuted by Deputy District Attorney Timothy Ward and Assistant District Attorney Craig Ascher of the Superior Court Trial Division, and Assistant District Attorney James Tobin of the New Rochelle Branch of the District Attorney’s Office.

Brian Dias

Tiana Spearmon

Brian Dias Tiana Spearmon

 In compliance with the Rules of Professional Conduct, Rule 3.6, you are advised that a charge is merely an accusation and that a defendant is presumed innocent until and unless proven guilty.

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