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BY JESSICA STEPHEN
jstephen@kenoshanews.com

A Kenosha man took a plea deal Wednesday and agreed to testify against two co-defendants for the deadly robbery at Shirl’s Drive-In restaurant.

Jose A. Leon-Nava, 24, pleaded guilty to felony murder and armed robbery. As part of his plea deal, he promised to testify against co-defendants Julian J. Miller, 29, and Daniel Gonzalez, 24, both of Kenosha.

In exchange for his pleas, seven other charges against Leon-Nava were dismissed but will be considered for sentencing.

Leon-Nava faces more than 50 years in prison when he is sentenced April 26.

Before accepting the plea deal, Kenosha County Circuit Judge Wilbur W. Warren III asked Leon-Nava to describe his role in the July 26 robbery at Shirl’s Drive-in restaurant, 7943 Sheridan Road. Restaurant cook Robbie Wilde, 18, was shot to death during the robbery. Manager James Hagelund also was shot but survived.

“I was in there with Miller holding the knife,” Leon-Nava said. “Miller was in front, and I believe he was asking for money.”

According to earlier testimony and police statements, Leon-Nava and Miller forced Hagelund, who had been taking out the trash, into the restaurant at gunpoint. Miller then shot Hagelund in the back while Leon-Nava brandished a knife to keep control of the employees in a back room. Miller went to the front of the store where he allegedly smashed a register and took cash.

It’s unclear when Wilde was shot, though testimony has stated he was injured and outside the restaurant when the robbers fled.

An April 5, 2010, trial has been tentatively set for Gonzalez and Miller, who are charged with murder, attempted murder and six charges of false imprisonment — one count for each employee allegedly held in the store at the time of the robbery.

Gonzalez and Miller are charged for Wilde’s murder and Hagelund’s shooting because they were allegedly involved in crimes that led to the shootings.

Under Wisconsin law, those who plan or assist in a crime that results in a murder or shooting can be held responsible for that crime, even if they don’t pull the trigger. If convicted, they face life plus more than 50 years in prison.

Gonzalez and Miller have requested separate trials and a change of venue, which could mean any trials would be held outside Kenosha County or with a jury from outside the area. The trial date was set with the expectation that the men would be tried together. Only one man’s trial would begin that day, if motions to split the cases were granted, Warren said.

A request to suppress Gonzalez’s statement to police also was filed. Miller did not make a statement.

A hearing is set for Jan. 15 to discuss those issues.

Miller, Gonzalez and Leon-Nava are being held in the Kenosha County Jail because they have not posted $1 million cash bonds.