Commonwealth v. Olivia Danielle Mercedes Weir; Commonwealth v. Mytisha Delynn Warmack; Two of Four Sentenced for Robbery Spree; Getaway Driver to Serve 16 Years

Tuesday, November 01, 2011

Harvey L. Bryant, Commonwealth’s Attorney for the City of Virginia Beach, announced today that Olivia Danielle Mercedes Weir, 24 years old, who previously resided in the 3200 block of Peele Court in Virginia Beach, Virginia, was sentenced today by Circuit Court Judge Frederick B. Lowe on three (3) counts each of Robbery, Use of a Firearm, and Conspiracy.  Judge Lowe sentenced Weir to a total of 43 years in the Department of Corrections then suspended 27 years, leaving her 16 years to serve. Weir pled guilty on June 7, 2011.                     


Had this matter gone to trial, the Commonwealth’s evidence would have proved that in the early evening of January 17, 2011, the Albano Cleaners on Laskin Road in the City of Virginia Beach was robbed at gunpoint by Matthew Turner.  Prior to the robbery, Mytisha Warmack had entered the store to determine who was inside.  Olivia Weir waited outside the store and drove the getaway car.  


On the morning of January 20, 2011, Olivia Weir entered the Papa Joe’s Smoke Shack on S. Lynnhaven Road in Virginia Beach and asked the clerk how much a blunt cost.  She then went back to the car where Turner and Kyle Smith waited and told them who was inside.  Minutes later, Smith robbed the store at gunpoint as Turner waited outside the building.  The two men fled in the getaway car driven by Weir.  Later that evening, Turner robbed the Albano Cleaners on Pleasure House Road in Virginia Beach at gunpoint.  Weir, who previously worked at this store, again drove the getaway car.


On January 21, 2011, video from the Papa Joe’s Smoke Shack robbery was released to the media and a tip was received identifying Olivia Weir.  Investigation by the Virginia Beach Police Department led to a search at a local hotel room where the four co-conspirators were staying.  Clothing worn in the robberies, the handgun, money, and property belong to the victims was recovered from the hotel room.  Upon their arrests, all four defendants admitted to involvement in some of the robberies.


Mytisha Delynn Warmack pled guilty on June 1, 2011 to charges of Robbery, Use of a Firearm, and Conspiracy.  Today, Judge Lowe sentenced her to 23 years in prison, then suspended all but four (4) years of that sentence. 


Kyle Delano Smith pled guilty to Robbery, Use of a Firearm, Wearing a Mask in Public, and Conspiracy and is scheduled to be sentenced on November 22, 2011. 


Matthew Allen Turner pled guilty to four (4) counts each of Robbery and Use of a Firearm, two (2) counts of Conspiracy, and one (1) count of Wearing a Mask in Public.  He is scheduled to be sentenced January 11, 2012.  


The case was prosecuted by Senior Assistant Commonwealth’s Attorney Vivian F. Henderson.  Please contact Macie Pridgen if additional information is desired.