A judge denied a man's request today to take back his guilty plea and sentenced him to 56 years in prison for shooting and badly wounding two brothers at a south-side restaurant in September.
Gabriel Hicks pleaded guilty in July to two counts of attempted murder. Allen Superior Court Judge David Zent accepted a plea agreement and ordered Hicks to serve 28 years of a 30-year sentence on each count. The sentences are to be served back to back, for a total of 56 years behind bars.
A sentencing enhancement that would have labeled him an habitual offender was dismissed as part of the plea agreement.
Hicks, 30, is accused of shooting Frank and Mike Paige Sept. 21 at Link's Wonderland at Creighton Avenue and South Anthony Boulevard. One of the brothers was shot in the head, chest and back. The other was shot in the side, chest and back, according to court documents.
Although Hicks pleaded guilty last month, he asked the judge in a letter today to take back his guilty plea, saying he didn't understand the plea agreement offered by prosecutors.
Hicks' lawyer, Ryan Gardner, said he discussed the agreement with his client many times. "Clearly, he understands. He knows our local procedure," Gardner said.
Zent denied Hicks' request and accepted the plea agreement.
A surveillance camera captured the shootings, and one of the victims identified Hicks as the shooter. A witness told police the men were in line, waiting for a carryout order when they "confronted the shooter about running his mouth on social media," according to probable cause affidavit.
Video shows Hicks shooting the men as they are running out the door, police said.
In April, Hicks was sentenced to one year behind bars for beating his wife in a separate case.
Police were called Dec. 22 to their home, where the woman told police he grabbed her by the throat, choked her and punched her at least 20 times. He pleaded guilty in March to domestic battery and strangulation.