Dustin Hayes will walk free. He will leave behind the three years he spent locked up in jail and the charges of first-degree murder and aggravated robbery in connection with the 2012 murder of Steve Mosley.
The charges were dropped in exchange for the 21-year-old’s testimony against co-defendant Ronald Cosper last month. Hayes pleaded guilty to facilitation to commit aggravated robbery, a class C felony, which carries a sentence of three to six years.
Judge Barry Steelman reduced Hayes’ bond on Thursday morning to $5,000 — it was initially set at $700,000. He said Hayes’ “flight risk would appear to be minimal” and that he has no additional criminal record as an adult. Steelman also acknowledged the time Hayes has spent behind bars, and the truthful testimony he offered in court last month.
Hayes testified that he drove Cosper, 21, to a house in Avondale so Cosper could rob “the weed man.” Hayes said he had no idea the incident was going to end in murder.
Cosper was convicted last month of first-degree felony murder and attempted especially aggravated robbery. He has a mandatory sentence of life in prison.
On Wednesday, Devante Stoudemire pleaded guilty to second-degree murder in the case and agreed to a 15-year sentence.
Steelman placed strict conditions on Hayes’ bond, restricting him from leaving his father’s home and from driving. Hayes also must contact his attorney, Hank Hill, weekly and continue to comply with the pre-sentencing investigation.
“He is not to be anywhere but home,” Steelman said. “Not out socializing … it’s in his best interest and the best interest of the community if he remains [there].”
Steelman also made a point of keeping Hayes’ future living location a secret — protecting him from retaliation due to his testimony against Cosper.
Prosecutor Lance Pope questioned Hayes’ father, who was only identified in court as Mr. Hayes in order to protect his son’s future living situation. Pope asked Mr. Hayes if his son will always be supervised at home and that he will guarantee he shows up for court.
Mr. Hayes said, “I’m gonna make sure he follows every guideline.”
Contact staff writer Kendi Anderson at kendi.anderson@timesfreepress.com or 423-757-6592.