A Pontiac man who reportedly used an airsoft pistol to rob a Kroger store in Birmingham last year was sentenced Tuesday morning.

At the hearing in Oakland County Circuit Court, Judge Yasmine Poles sentenced 36-year-old Joel Stalker to 29 months — 5 years in prison for first-degree retail fraud, with credit for 355 days served in the Oakland County Jail. He was also sentenced to time served for assaulting/resisting/obstructing a police officer and felonious assault.

In a plea deal with prosecutors, Stalker pleaded no contest to the charges in January, and charges of armed robbery and felony firearm-pneumatic gun were dismissed.

The incident happened on the evening of Feb. 24, 2024 when Stalker reportedly stole a prepaid cell phone from the store, located near Maple Road and Woodward Avenue. When employees confronted him, he reportedly pulled a pistol from his waistband and threatened to harm them. The Oakland County Prosecutor’s Office said Stalker allegedly threatened to shoot an employee and shoot police if they came to the store. He then fled.

According to Birmingham police, officers found him hiding in bushes along a brick wall near the Flagstar Bank parking lot, north of the store. Stalker allegedly resisted and tried to harm the officers prior to his arrest, police said. An airsoft pistol and the stolen cell phone were recovered from the bushes near where Stalker was found.

Stalker underwent court-ordered forensic evaluation last year and his attorney filed a notice of insanity defense, but he was subsequently found to be competent.

A no contest plea is not an admission of guilt but is treated as such for sentencing purposes. It can also offer some liability protection in civil cases.