An Akron man was indicted for allegedly firing his gun during the armed robbery of an Akron grocery store.

Dayvaire Rogers, 26, was arrested Thursday. He was indicted in U.S. District Court on one count of discharging a firearm during a crime of violence, one count of Hobbs Act robbery and one count of being a felon in possession of a firearm and ammunition.

Rogers entered the Welcome Grocery at 210 East Cuyahoga Falls Avenue on April 20, 2019 and robbed the store with a firearm. He also discharged the firearm during the robbery, according to the indictment.

Rogers possessed a loaded FMK 9 mm pistol and 13 rounds of ammunition on April 20, 2019, despite previous convictions for burglary, heroin trafficking and heroin trafficking, which made it illegal for him to possess a firearm and ammunition, according to the indictment.

“This defendant is accused of firing his gun while robbing a market where the owner was just trying to make an honest living,” U.S. Attorney Justin Herdman said. “A child was in the store at the time of the robbery. We’re fortunate this did not end in a tragedy and are grateful to the police officers and agents who worked hard to solve this crime.”

If convicted, the defendant’s sentence will be determined by the Court after reviewing factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

This case is part of Project Safe Neighborhoods, a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and make our neighborhoods safer for everyone. PSN was reinvigorated in 2017 as part of the Department’s renewed focus on targeting violent criminals, directing all U.S. Attorney’s Offices to work in partnership with federal, state, local, and tribal law enforcement and the local community to develop effective, locally based strategies to reduce violent crime.

This case was investigated by the Akron Police Department, Medina County Drug Task Force, Drug Enforcement Administration, Wadsworth Police Department and Bureau of Alcohol, Tobacco, Firearms and Explosive. It is being prosecuted by Assistant U.S. Attorneys Christopher Joyce and Patrick Burke.       

An indictment is only a charge and is not evidence of guilt. Defendants are entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.