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KU student charged in delivery robbery testifies

By Brandon Sayers

Thursday, November 5, 2009

A KU student who police say was involved in the robberies of two local delivery drivers appeared in Douglas County Court Tuesday and Wednesday for a preliminary hearing.

Billy Kernizant, a 22-year-old KU student, appeared alongside Royjamian Haulcy, a 19-year-old Lawrence resident. Kernizant has been charged with two counts of aggravated robbery and Haulcy has been charged with one count of aggravated robbery and two counts of conspiracy to commit robbery. The delivery driver victims and a Lawrence detective also provided testimonies during the hearing. Randall Lewis, who told police that he was the gunman in both robberies, also testified.

Lewis, a 19-year-old El Dorado man, has reached a plea agreement in return for his testimony in court. In this agreement, Lewis will plead guilty to charges, but will receive sentencing considerations. Lewis testified during the hearing that he and two others had planned the robberies and that Haulcy or Kernizant were not instrumental in the planning.

However, Lawrence Police say both Haulcy’s and Kernizant’s roles in the robberies were criminal.

Lance Flachsbarth, a detective for the Lawrence Police Department, said he interviewed both Haulcy and Kernizant Oct. 2 after Lawrence police served a search warrant on their Lawrence residence. He said Kernizant admitted during the interview that the gun used in the robberies was his, but denied that he was ever asked permission to use it and said that it was not uncommon for his friends to borrow his semi-automatic handgun.

Flachsbarth said a store’s security camera footage showed Haulcy purchasing the pre-paid cell phone that was used to place the orders, but he said Haulcy claimed the phone was essentially “community” property for the use of anyone at his apartment.

Lewis testified, though, that both Haulcy and Kernizant knew of his plan to rob the Pizza Shuttle driver and were in the vehicle that drove him to the scene of the crime.

One of the victims who testified, a 19-year-old Jimmy John’s delivery driver, said he was delivering three sandwiches to the area of 9th and Ohio streets about 3:15 a.m. Sept. 26.

The driver said the area was very dark and he couldn’t see any of the addresses, so he tried to call the phone number that the caller provided. The number said it was out of service, but the driver decided to get out of his car and get close enough to read the addresses on the houses. The driver said he found the correct address rather quickly.

“I was getting ready to knock on the door and I heard someone coming up behind me,” the victim said during testimony Tuesday.

He said the person identified himself as the man who placed the order and provided him with cash to pay for the order. At some point as the driver was providing change, the driver said the other man pulled out a gun and told him to lie down on the porch.

“He put the gun to my forehead and told me to be cool,” the driver said.

The driver said the man took the his cash, wallet, cell phone and keys. He then asked the man if he could at least have his car keys, and said he heard the man throw his keys on the ground. The driver said he waited until the man had left. He then got in his car and returned to Jimmy John’s, where he dialed police.

The driver provided some physical description of the perpetrator. However, the dark area made it impossible to provide a full description.

The other victim who testified, a 25-year-old Pizza Shuttle delivery driver, said he was delivering four pizzas and four 2-liters of soda to the area of 7th and Michigan streets about 1:20 a.m. Sept. 30.

The driver said he couldn’t find the apartment so he called the phone number the caller provided. The person who answered said he was standing outside and soon two people appeared nearby and began waving their hands to identify themselves. The driver said he approached the men, told them their total and received three $20 bills for the order. As the driver was getting change from his pocket, he said he felt what he believed to be a gun placed to the back of his head.

“He told me to get down on the ground and the next thing I knew I heard the gun ratchet — he cocked it,” he said.

The driver said that the man took his cash, wallet, cell phone and keys. The driver was able to provide some description of both perpetrators.

District Court Judge Robert Fairchild, who heard testimony, has set a Nov. 20 arraignment for 9:30 a.m.. At that point, he will likely decide whether the case will go to trial. He will also set a date, if necessary.

— Edited by Brenna M. T. Daldorph

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