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stay on the streets. in two of the court hearings, he was found guilty of violation of probation. but no additional court time was imposed. reporter: and in april, this wjz video obtained shows what prosecutors and police believe is him robbing and beating a man for just $7. the court records show the victim refused to cooperate. and that case was dropped. we have spent the last 24 hours, pouring over court records that are over a foot high, trying to say, what could have been done differently. and our conclusion is that we as prosecutors did everything we could. reporter: in pit-karen s case, charging documents reveal merit and wagner were on the hunt to rob someone, and he was in the wrong place at the wrong time, innocently walking back from penn station, on his iphone with his mom, who heard him on the phone. she heard screaming at him to give money. and he said, i don t have any cash, here s my wallet. she heard him start like screaming and making noises ....