Man sentenced up to twelve years in prison after pleading guilty to assaulting police, attempting to disarm officer in holding call after having covered self in feces

A homeless man was sentenced to five to 12 years in state prison after he pleaded guilty last month to viciously assaulting several city police officers and attempting to disarm one of them after trashing a police department holding cell with his own urine and feces.

In handing down the sentence Judge Thomas Sponaugle told Robinson Evaristo Pena, who has no fixed address, that he behaved “like an animal.”

Pena, 39, pleaded guilty Nov. 20 to five counts of aggravated assault, three counts assault of a law enforcement officer, two counts of institutional vandalism and one count each of disarming a law enforcement officer, resisting arrest, disorderly conduct and a single summary offense.

Judge Sponaugle slowly nodded his head as First Assistant District Attorney Travis Anderson, who prosecuted the case, described how Pena smeared urine and feces on himself and inside his holding cell after being arrested by Lancaster city police in April. Subsequent efforts to clean the mess Pena had made inside his holding cell took more than an hour, Anderson said.

When police entered the cell to control Pena he fought them by biting officers on their hands, fingers and ankles and spitting on their faces. Pena was then taken to Lancaster General Hospital, where he attempted to remove one officer’s handgun with such force that he cut his own fingers, causing blood to get into the holster and around the exterior of the weapon.

Anderson told the court that Pena’s actions were “self-evidently despicable,” adding that no law enforcement officer should ever be subjected to such a level of abuse.

Pena at first chuckled when Judge Sponaugle asked him if the facts as Anderson described them were true.

“It’s a yes or no question,” Judge Sponaugle told him.

Given a second opportunity to respond, Pena told the court that “not all” of the facts as alleged by the Commonwealth were true before changing his answer and admitting his guilt.

When given the opportunity to explain his actions Pena apologized and said he was “ready to go upstate.”

“We’re ready to send you upstate,” Judge Sponaugle responded.

Pena was initially stopped for disregarding a crosswalk signal and shouting in the first block of East Chestnut Street the morning of April 4. Pena continued to yell and annoy others in the area despite officer’s warnings and requests for him to stop.

Police took Pena into custody where, once inside a holding cell, he smeared his feces on himself as well as on the walls, the floor, the door, the intercom system and a camera.

Officers attempted to intervene and place Pena in handcuffs when he attacked them. One officer was also kicked in the chest and another scratched on the arm while struggling with Pena.

During the struggle Pena bit one officer’s hand with such force that he broke through a nitrite glove and skin. The same officer was spit on in the face five times during the encounter with Pena.

Pena struggled so much during the incident that he tore apart another officer’s Tyvek suit that was intended to provide protection from Pena’s urine and feces.

As the officers attempted to control Pena he tucked his hands under his body to prevent them from handcuffing him. Once in custody Pena continued to struggle for several more minutes by biting, headbutting, kicking and spitting on officers.

Lancaster City Bureau of Police Lt. Thomas Cole, Sgt. Ryan Yoder and Officer Nicholas Nolan filed the charges.