First Degree Robbery Charge Reversed Because No Bomb Was Shown To Teller.

In an interesting case the Appellate Division recently ruled in State v. Kelvin Williams that just because Mr. Williams told the teller that he had a bomb it was unreasonable for the teller to think that he had one.  In fact, she testified at trial that she did not believe at first that he had a bomb, but might be crazy enough to blow himself up.  Further, in this case the defendant didn’t show the teller the bomb or were the bomb might be.

The Appellate Division panel not only reversed the conviction but entered a judgment of acquittal; on the basis that the teller could not reasonably believe there was a bomb.

This is a remarkable case because the panel applied the reasonable man standard to victims of first degree armed robbery cases, and holding just because a victim things someone has a handgun, bomb or knife is insufficient to sustain the first degree charge, unless other evidence is offered.

This case brings to mind a recent case in Union County in which the defendant was charged with first degree robbery when he tussled with a merchant over a cell phone, and in the struggle the defendant reached for something in his pocket which the merchant said was black, but could not identify.  The defendant was indicted for first degree robbery because the merchant said it could have been a weapon.  The case was resolved with time served for the defendant and a dismissal of the armed robbery charge.  However, in that case the indictment itself disturbed this NJ Criminal Defense Attorney because it was clear that indicting the defendant for first degree armed robbery was not honest or fair, and the defendant was overcharged to extort a plea.  First degree armed robbery carries 10-20 years with 85% period of parole ineligibility.

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Dated: October 12, 2012