AUBURN — A Lewiston man charged with robbery after he reportedly held up a Lewiston Dunkin’ Donuts as a prank pleaded guilty Friday to criminal threatening. The joke turned out to be on him when the clerk pulled a gun on the self-described prankster.

Nicholas Gibbens, 24, of 23 Eaton St., admitted earlier this month in Androscoggin County Superior Court to a charge of criminal threatening. A felony robbery charge was dismissed by prosecutors.

The misdemeanor is punishable by up to 364 days in jail. Gibbens also pleaded guilty to a charge of violating probation, a misdemeanor punishable by up to six months in jail. His sentencing is set for Dec. 3.

Co-defendant Billy Wilson, 21, of 50 Fairmount St., is awaiting trial. He was charged with robbery, but his felony case hasn’t been presented to an Androscoggin County grand jury.

A conference among the attorneys in the case and a judge was held in Unified District Court in Lewiston on Friday.

Defense attorney Adam Sherman said he hadn’t received any discovery material from prosecutors in Wilson’s case.

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“I think this case comes down to Billy with his friend,” Sherman said. “His friend says something stupid. Billy’s not expecting his friend to say that and he didn’t encourage or aid him in any way with the stupid stuff he was talking about.”

Wilson is free on $400 cash bail.

Conditions of release include no contact with two Dunkin’ Donuts clerks and Gibbens. He’s also barred from entering any Dunkin’ Donuts shops.

The two men told police they were joking when they told a Lisbon Street Dunkin’ Donuts clerk they were robbing the store.

The clerk told police the two men had come into the store shortly before 2:30 a.m. on Aug. 23 and asked if he was alone, according to court papers.

The clerk asked them what he could get them.

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The men said, “All of your money.”

The clerk asked if they were robbing him. They said they were.

He asked them if they were joking. They said they were not.

The clerk again asked if the two were robbing him. They said they were.

At that point, the clerk, who had a concealed handgun permit, revealed a gun and pointed it at the men.

The men then said they were joking.

They repeated their denial and left the store without any money.

Police tracked down the two men through the clerk’s description and surveillance footage from a nearby business where they had parked.

cwilliams@sunjournal.com


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