NORTHAMPTON — A pizza delivery driver robbed at gunpoint in 2015 asked a Hampshire Superior Court judge on Monday not to impose jail time on one of the young men involved.
“You’re young, you’re going to make mistakes. You should get a pass somewhere along the way,” said Jaime Chadwick, a driver for Bruno’s Restaurant. “Why ruin somebody’s life like that? You get a chance to prove yourself. If you can’t, you get to go through the consequences.”
Chadwick was attempting to deliver a pizza on Southpoint Drive in Amherst on Dec. 3, 2015, at around 8:15 p.m., when three young men surrounded his car and pointed a gun, later determined to be a BB gun, at him, Assistant Northwestern District Attorney Yvonne Pesce explained in court.
Chadwick refused the request for money and after the men left the scene, he followed them in his car, Pesce said.
Three men were arrested in connection with the incident, Tyson J. Burnett, now 20, Terrel K. Phok, now 20, and Oscar Garcia Alvarado, now 19. A minor at the time, Alvarado was arraigned in juvenile court and then indicted as a youthful offender. Burnett and Phok were charged with armed assault with intent to rob and conspiracy. Alvarado was charged with armed assault with intent to rob.
On Sept. 7, Alvarado pleaded guilty and was committed to the state’s Department of Youth Services until he turns 21 with conditions that he stay away from and not have contact with the victim or Bruno’s and that he remain drug- and alcohol-free. Prosecutors sought a two-year jail sentence with one year suspended for three years, while the defense requested straight probation until age 21 and no commitment to DYS, according to Pesce.
Phok pleaded guilty on July 7. He was placed on probation for five years with conditions he stay away from and have no contact with the victim or Bruno’s, remain drug- and alcohol-free, complete 96 hours of community service a year and undergo a mental health evaluation. He was represented by attorney Daniel Kelly of Springfield.
On Monday, Burnett was the final person to plead guilty in the case.
Speaking in court, Chadwick told the judge the incident was horrific in the moment.
“I had to think of not only myself but the community,” he said, of his decision to pursue the three men. “I couldn’t not do anything.”
Looking at Burnett across the courtroom Monday, Chadwick said he wanted Burnett to “tighten up.”
“I want you to have this chance,” Chadwick said. “Use it.”
Judge Daniel Ford called Chadwick’s words “very magnanimous.”
Pesce credits Chadwick’s actions following the incident, saying the young men likely would not have been caught without his efforts.
Burnett was sentenced to five years of probation with conditions that he stay away from and have no contact with the victim or Bruno’s, remain drug- and alcohol-free, complete 96 hours of community service a year during probation and undergo a mental health evaluation.
“Mr. Burnett realized he’s got too much at stake,” defense attorney David Hoose said of his client’s decision to take a plea deal. “He’s doing all the right things. He wants an opportunity to keep doing that and put this in the rearview.”
Burnett was set to go to trial Monday morning and a pool of potential jurors had been called in anticipation of the case.
“He’s a good kid and these were three young people who did a foolish thing,” Hoose said outside of the courtroom.
Emily Cutts can be reached at ecutts@gazettenet.com.


