Washington state has the dubious distinction of ranking fourth among all states in the total number of bank robberies. The top three states for bank robbery are also among the most populous: California, Florida and New York. When compared to states with populations closer to ours, such as Indiana, Tennessee or Wisconsin, Washington's bank robbery rate is between two and three times higher.

Washington bank robberies have risen by over 60% over the last five years, from 231 robberies in 1994 to 359 in 1998. At the same time, the percentage of armed robberies has fallen from about one-third of all bank robberies to just 16.7% in 1998. That means that over 80% of bank robberies are unarmed robberies, which will be charged in state court as robbery in the second degree.

One reason for both the rise in total bank robberies and the rise in unarmed bank robberies is the general awareness within the criminal population that state sentencing laws for unarmed bank robbery are extremely lax.

(Note: References to "banks" throughout this discussion are also meant to include credit unions.)

I. Local Prosecutions

The large number of bank robberies in our state have led to a change in the policies of the United States Attorney for the Western District of Washington. Starting about four years ago, the United States Attorney began accepting only bank robberies involving firearms, or where suspects were already on federal probation. All other robberies, including the large volume of "note-only" bank robberies were declined by the federal prosecutor and sent to local county prosecutors.

These "note-only" cases are filed as robbery in the second degree, which carries a standard sentence range of 3 to 9 months for the first offense. Under the Federal Sentencing Guidelines, similar crimes would carry a penalty of 36 months for the first offense. Thirty-six months falls exactly in the middle of the state sentencing range for robbery in the first degree, which is the proposal embodied in HB 1393.

II. Robbing a Bank: The Qualitative Difference

Infamous criminal Willie Sutton, when asked why he robbed banks, replied, "That's where they keep the money."

Robbing a bank is a more serious act than the typical second degree robbery, which is defined simply as a taking accomplished by force or threat of force. The typical robbery in the second degree case is a purse snatching, street mugging, or confrontational shoplifting.

Bank robbers, in contrast, attack an institution of commerce that our society depends on. Bank employees are trained to be cooperative and to assume that all robbers are armed. The demand note will work at a bank; it will not work in most other places.

III. Case Examples

1. State v. Phillip N. Jones

On Halloween afternoon, 1997, a man came into the Wells Fargo branch on East Madison Street in Seattle wearing a mask. He presented a note to the teller which read, "No dye pak!!! I got a gun. The money now!!!"

The teller complied with the demand. Placing stacks of money totaling more than $1000 into a brown paper sack. The teller also inserted a special tracking device into the bag. The robber then fled on a mountain bike he had parked outside the bank.

Responding police officers were able to follow the beacon of the tracking device down the hill from the bank to the suspect, Phillip Jones. The mask and bike were found nearby. Jones pled guilty and was sentenced to 90 days in jail, with credit for 57 days served pre-trial. With good time credits of one-third, this bank robber was released three days after sentencing, having served 60 days.

2. State v. Jerald Marshall

Marshall, age 20, confessed to police that the idea of robbing banks was suggested to him by a friend named "Happy" who was in the King County jail. Marshall told police, "We began talking about making some quick easy money. He told me about robbing banks without a gun, using a note. Happy said he had done about six of these banks and that you would only be charged with theft. He also stated that you should not talk about violence or use a gun."

Marshall robbed a bank in Seattle's International District. Witnesses identified a different suspect as the robber. When Marshall was finally caught and charged, the misidentification led him to be convicted of only theft in the second degree. He served 60 days. Three days later, Marshall and a friend robbed two more banks using only demand notes.

Marshall was convicted of the two robberies, his 13th and 14th felony convictions, to go along with his 23 misdemeanors. He received a sentence of six years, nine months.

IV. Conclusion

The change in the law embodied in HB 1393, making robbery of a financial institution an alternate way to commit robbery in the first degree will help stem the tide of bank robberies that has put Washington State in the top four states for bank robberies. It recognizes that bank robberies are qualitatively different than other second degree robberies, and puts more people at risk.

The fiscal impact to the state should be minimal; there are not huge numbers of note-only bank robbers. The cost of doing nothing is too high. The word is already out on the streets - for quick and easy money with minimal punishment, rob a bank.

July 19, 2001