On probation, he was armed in fatal Boise robbery attempt. A judge just sentenced him

A 24-year-old Eagle resident was sentenced to up to 33 years in prison Thursday for conspiring to commit robbery in a prescription drug buy gone wrong that left one person dead.

Devoune Mosley and his roommate, Matthew Crawford, attempted to rob Guy Lopez II in March 2021 while they were supposed to buy Xanax from him near the Boise State University campus, the Statesman previously reported. During the confrontation, Crawford shot and killed Lopez.

Mosley will spend at least 13 years in prison before he is eligible for parole. The remaining 20 years of his sentence are indeterminate, meaning they will be served in prison, on parole or a combination of both. Mosley also was ordered to pay nearly $17,000 in restitution.

This sentence, handed down by 4th District Judge Nancy Baskin, slightly exceeded what Ada County Deputy Prosecutor Kendal McDevitt requested. The prosecution asked for a 13-year fixed sentence with 17 years indeterminate.

Mosley expressed remorse in a personal statement during his sentencing hearing. He apologized to Lopez’s parents and fiancee, all of whom were present in court.

“No matter how bad I wish I could take it all back, the reality is that I can’t,” Mosley said. “I pray that you take my honesty and cooperation into consideration.”

Ada County Public Defender Jonathan Loschi said that after initially lying to the police, Mosley told the truth about the shooting — unlike Crawford, who continued to maintain he acted in self-defense.

Loschi argued that this compliance should be a factor and earn Mosley a lesser sentence. He requested a 10-year fixed term.

Crawford pleaded guilty to second-degree murder on Feb. 1 and was sentenced to 15 years in prison on April 18, the Statesman previously reported.

The scheme to rob Lopez began when Crawford asked Mosley to help him come up with $5,000 he needed for a surgery for his dog, McDevitt said. Both men were under the influence of drugs and alcohol at the time of the crime, according to court proceedings.

Mosley’s criminal history factored into his sentencing

Mosley spent nine months in prison for an aggravated assault conviction in 2018, and he was set to remain on probation until 2033.

McDevitt said Mosley and three other individuals beat a 68-year-old ride share driver to the point of unconsciousness, and the victim spent nearly a month in the hospital.

Baskin also sentenced Mosley in 2018. She initially sentenced him to a rider, then to probation and finally, to prison time.

Mosley’s involvement in the shooting, as well as his possession of a firearm, violated the terms of his probation.

“You had a firearm knowing that as a convicted felon, you are prohibited not only from having one in your possession, but even having the ability to use someone else’s firearm,” Baskin said in court. “You took a firearm that you were prohibited from having — after snorting coke and drinking alcohol — to a robbery.”

Baskin acknowledged Mosley’s remorse and cooperation, as well as the fact that he was not the one who killed Lopez. But she said the disparity between Mosley’s words and behavior is “like a Dr. Jekyll and Mr. Hyde situation.”

“Your criminal history warrants a significant fixed term for all of the bad choices you made on that evening and disregard for the terms and conditions of your probation when you committed this crime,” Baskin said.