CEDAR CITY — Two men accused of forcing another man at gunpoint to try to withdraw money from an ATM have each been sentenced to prison in connection with the incident.

Avery Holyelkface, 36, and Stewart Lanza, 54, have each been sentenced in Cedar City’s 5th District Court by Judge Matthew L. Bell, although their cases were adjudicated separately. Lanza’s sentencing took place on Monday, exactly one year to the day after the incident, which happened in Cedar City on Dec. 5, 2021.

As previously reported in St. George News / Cedar City News, Holyelkface and Lanza were arrested following an incident where they were seen accompanying another man to two different convenience stores on the northern end of Cedar City in an attempt to get him to withdraw cash to pay back money that he reportedly owed them.

Holyelkface was sentenced on Sept. 19 after pleading guilty to one count of robbery, a second-degree felony, one count of burglary, a third-degree felony, and one count of aggravated assault, a third-degree felony. He was given one prison term of 1-15 years and two terms of 0-5 years, to be served concurrently, Bell ordered. Holyelkface also was ordered to pay a fine of $1,000 plus $159 in court security fees.

Then, on Monday, Lanza was sentenced to at least five years in prison for a single count of aggravated burglary, a first-degree felony. Although the exact length of time Lanza will serve will be up to the Utah Board of Pardons, Bell imposed the maximum penalty associated with the charge, which is at least five years and up to life in prison. No fees or fines were imposed in that case.

During Monday’s hearing, Lanza’s attorney Jeffery Slack said his client is frustrated that he didn’t do more to keep that night’s events from unfolding as they did.

“He was the individual that should have taken a stand, instead of being the guy that went along for the ride and participated the way he did,” Slack told the court, adding, “He’s frustrated with himself. He’s frustrated with his co-defendant that he was put in this position.”

Slack called the matter “a difficult case.”

“We went back and forth and ultimately, when it came down to the week of trial, we opted to plead and accepted the plea offer that was being extended at that time,” Slack said, adding that he and his client had watched the surveillance footage from the stores many times.

“We’ve watched the video over and over and seen it from the perspective of the state,” he said. “I understand the seriousness and my client understands the seriousness of the events.”

Given an opportunity to address the court, Lanza gave his own account of what transpired that night, saying that they were simply trying to get the $60 they needed in order to pay for car parts and said he had played a more passive role in the incident.

However, prosecutor Trajan Evans countered Lanza’s remarks by saying the security footage shows things differently.

“The defendant stood watch the whole time as the victim tried to withdraw $100 out of these ATMs from his account,” Evans said during the sentencing hearing.

Evans said Lanza also was evasive and untruthful when questioned by police after the incident. Lanza’s apparent attempts to downplay his own role were troubling to prosecutors, Evans added.

“This minimization is concerning because he fails to understand the violent and disturbing nature of this event,” he said, adding that the defendant’s presentencing report also classifies him as being at a high risk of reoffending.

“A prison sentence is appropriate in this case,” he said.

Judge Bell then addressed Lanza just prior to handing down the sentence, saying, “What I know is, what both sides have said here today about your role in this, can’t be true. Both of those can’t be true.”

The idea that Lanza knew nothing of it was hard to believe, Bell said, adding that there were witnesses at the gas station who didn’t know anybody and had observed what took place. 

“The events taking place at these ATMs caused enough alarm for people to notify law enforcement, with all that was going on,” Bell said. “I just can’t believe, Mr. Lanza, that you were just along for a car ride and didn’t know nothing about nothing. I’m not buying that.”

“You’ve got a significant criminal history,” Bell concluded. “The guidelines and the recommendations are to impose prison. Under the circumstances, that is appropriate.”

Bell also took the opportunity to clarify for the record the earlier discussion regarding the gun that was seen, saying he didn’t mean to imply that Lanza had been the one in possession of the weapon.

“At least one of those witnesses observed your co-defendant with a gun, and a bullet ended up on the premises there,” Bell said. “My point was, people around could tell something was wrong, something was not OK, and this person was under duress. You played a role in that.”

Lanza was remanded to custody to begin serving his sentence right away. He has 30 days to file a written appeal if he chooses to do so, Bell noted.

Meanwhile, Holyelkface has already begun serving his prison term and is currently housed in the Central Utah Correctional Facility in Gunnison.

Iron County Attorney Chad Dotson told Cedar City News after Lanza’s sentencing that both his and his co-defendant’s sentences were appropriate.

“Both Mr. Holyelkface and Mr. Lanza are repeat offenders and their prison sentences are earned,” Dotson said.

“This case could have ended much more tragically,” Dotson added. “The marriage of guns, drugs, and felons has proven to be a deadly combination. Luckily, there was intervention from a concerned citizen and a swift response from law enforcement.”

“I am proud of the combined efforts from my office and from the patrol officers with Cedar City Police to ensure justice and public safety,” Dotson said.

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