Robbery and Burglary

Published on: December 7, 2017

Police Sergeant Admits To Robberies

A veteran Baltimore City Police officer pled guilty this week to a racketeering conspiracy that included as many as nine robberies, many of which took place at the homes of city residents. The Maryland U.S. Attorney’s Office announced the guilty plea after a hearing at the Baltimore federal courthouse. While the officer is not the first, and likely won’t be the last, to admit to robbing private citizens he is the highest-ranking officer implicated. The 59-year old sergeant from the Linthicum Heights area of Anne Arundel County has been on the force since 1996, and became officer-in-charge of the department’s gun trace task force in 2013. BPD formed the task force with the hopes of establishing a specialized unit more capable of solving firearm crimes, but the crimes committed by members of the task has outweighed any positive crime-fighting impacts.

The veteran officer admitted by way of his plea that he participated in nine robberies while employed by Baltimore Police, and that during the robberies he was armed with his service weapon. There is no indication the officer pled guilty to armed robbery, but these charges could have been dismissed pursuant to the plea agreement. Some of the robberies occurred as the officer and his co-conspirators carried out search warrants at the homes of individuals that were under investigation for drug distribution. The guilty officers often found large amounts of cash at these homes, and rather than submit the cash into evidence as required they would pocket most of the money, and then create false property receipts for the small remaining sums. Federal prosecutors even alleged that one of the robbery victims was shot and killed as a result of becoming indebted to a drug dealer after the officers stole $10,000 from his home.

Perhaps the most egregious part of the plea were the allegations made by federal prosecutors that the co-conspirators robbed citizens who were not even suspected of criminal activity. In order to cover up these robberies as lawful police activity this sergeant assisted in crafting fictitious arrest reports, incident reports and charging documents, that were sworn to and sent to judicial officers. Innocent citizens were basically terrorized by armed police officers in their homes and then jailed for the sole reason of covering up the theft of a few thousand dollars. The officer admitted to personally participating in the theft of over $90,000, but this money was likely divided up between other co-conspirators. Regardless, no amount of money would be worth the 20 years in prison the officer will face at a February sentencing hearing.

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Published on: August 1, 2017

Bowie Man Sentenced In Federal Robbery Case

By Benjamin Herbst

A federal judge recently sentenced a 24-year old Prince George’s County man to 16 years in prison after he pled guilty to a botched robbery that occurred back in September. The young man from Bowie was convicted of commercial robbery and brandishing and discharging a firearm during a crime of violence, which carries a mandatory minimum jail term. This means the defendant will not be eligible for parole for at least 5 years, and he will be on supervised probation when he does get released. The robbery took place at the University of Maryland University College Inn and Conference center located in Adelphi, just outside of College Park.

The plea agreement described a frantic few minutes that began with the armed defendant approaching a security guard at the inn and stating he was on the premises to make a delivery. As the two men walked toward the loading dock the defendant grabbed the security guard and a struggle ensued. During the struggle the defendant’s gun was discharged but did not strike anyone. Around the same time the masked and also armed co-conspirator entered building’s security office with his gun drawn and ordered all occupants to the ground while demanding money. Around the same time the security guard at the loading dock managed to break free from the defendant and made it back to the security office to seek help, only to come face to face with the gun brandishing co-conspirator. The co-conspirator shot in the direction of the guard and the bullet struck him in the arm and came to rest near his spine. Seconds later the defendant appeared at the security office and joined up with his co-conspirator to steal three safes. Both fled the scene, but one did not get very far.

Prince George’s County Police responded to the scene immediately and dispatched a K9 unit and a helicopter to locate the suspects. Eventually the police K9 located the defendant hiding in an area of overgrown trees and shrubs right near the loading dock where the doomed heist began. A search of the area turned up all three safes and a .40 caliber semi automatic pistol loaded with 7 rounds of ammunition. Forensic evidence revealed that the fingerprints taken from the gun’s magazine matched the defendant’s, and ballistics matched the .40 caliber shell casing with the gun that was found. Police later recovered clear surveillance footage of the unmasked defendant carrying out the robbery, and also recovered recorded PG county jail phone calls where the defendant admitted to firing his gun, but stated he did not hit anyone. Needless to say federal prosecutors had more than enough evidence at their disposal if the defendant had elected to reject the guilty plea and take his case to trial in the Greenbelt federal courthouse.

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Published on: June 13, 2017

Thief Uses Backhoe In Attempted ATM Theft

By Benjamin Herbst

Police are on the hunt for a brazen thief who recently attempted to steal an ATM machine with a construction backhoe in Prince George’s County. The failed heist was caught on closed circuit television cameras stationed on the exterior of a Capital Heights bank, and the footage was later handed over to police. The video shows an unidentified person riding up to the bank parking lot aboard a tractor, which investigators determined was driven several miles on public roads to reach the scene of the crime. Upon arriving, the suspect positioned the excavating equipment for maximum destruction and repeatedly used its backhoe to strike the unsuspecting cash machine. Sparks and pieces of plastic flew, and after a minute or so the cash machine was unrecognizable. Fortunately though the ATM’s thick armor proved too strong for the backhoe to penetrate, and the suspect fled the scene with no extra cash in hand. In the valiant effort to retain all its legal tender, the ATM did suffer an estimated $10,000 worth of damages.

Prince George’s County police detectives have reason to believe this theft was related to a prior successful ATM theft at a tobacco shop, where the perpetrator gained entry through the roof. In addition to stealing cash the unidentified perp also made out with hundreds of cartons of cigarettes. It is unclear why detectives believe the two unorthodox crimes are related, or whether they have any legitimate leads on a possible suspect. If a suspect happens to be apprehended then he or she will face a slew of charges in the district and circuit courts in Hyattsville and Upper Marlboro. In the backhoe case the suspect would likely be charged with motor vehicle theft, trespass and malicious destruction of property. The particular theft charge filed in this case would depend on the amount of cash inside the ATM. Police would have the bank open the machine and total up the value of the bills, and any amount over $1,000 would trigger a felony theft charge. Prosecutors could even add the value of the machine itself, which would surely escalate the charge to a theft $10,000 to $100,000.

If police crack the tobacco shop case the defendant would face similar charges to the ATM case, with the addition of felony burglary counts. The act of breaking into a store with the intent to steal something would generally trigger a charge of second degree burglary that carries a maximum jail sentence of 15 years. If a burglar steals a firearm the punishment could increase to a maximum 20 years, which is the same penalty as a first degree home burglary. The Blog will continue to follow this case to see if police develop any leads that could produce a suspect. Investigators may have a tough time unless the thief left any physical evidence behind such as personal belongings or perhaps DNA and fingerprints. Police did not release the entire video to the public, including the part where the suspect fled so there may already be some leads. We will post another article if police catch a break and end up making an arrest. Benjamin Herbst handles burglary, theft and malicious destruction of property cases in all Maryland courts. If you have a case or a question feel free to call Benjamin anytime to discuss.

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Published on: April 6, 2017

Fast Food Robber Sentenced To 10 Years

By Benjamin Herbst

A Prince George’s County man was recently sentenced to just over ten years in prison followed by three years of probation for robbing a fast food restaurant in Hyattsville. The sentencing occurred last week at the United States District Court of Maryland in Greenbelt after the man pled guilty back in December. According to facts stated in the plea agreement the defendant, who was once an employee at the restaurant, entered wearing a hooded sweatshirt and a mask of the popular Marvel Comics superhero Iron Man. Upon entering the restaurant the masked robber brandished a revolver type handgun at one of the store employees and demanded access to the safe. After realizing the employee did not have access to the safe the robber could have fled the scene, but instead hid behind a wall and waited for the manager to return. The defendant later used his gun to corral the manager and other employees into the manager’s office, where he stole cash from the safe and then from a register on his way out. Before leaving the restaurant the defendant also sprayed and lit lighter fluid on the wall and floor, and fired multiple rounds from his revolver that struck the building. Prince George’s County Police were alerted to the scene during the robbery and located the defendant as he was attempting to flee in his vehicle. Rather than surrender, the masked robber led cops on a high speed chase. The chase did not last long, as the defendant eventually stopped his vehicle and was taken into custody without any further violence. Police ultimately recovered and entered into evidence over $2,000 cash and a revolver with three live rounds and three spent cartridges.

The defendant was charged with numerous offenses, but ultimately pled guilty to robbery and using, brandishing and discharging a firearm. The plea agreement called for a sentence of between 121 months and 14 years prison under the federal guidelines, and the judge ended up going with the lower end. While this case certainly had some terrible facts, the defense probably provided mitigation to offer to the judge on sentencing. It does not appear that the defendant has a prior criminal record in Maryland, and there may have been some mental health issues involved with the case, as the defendant apparently decided to rob the restaurant because he was upset over being fired.

The robbery actually occurred on Christmas Eve of 2014, which is a relatively long period of time for a case of this magnitude. There are several reasons why a case that seems open and shut could last over two years. Cases where the defendant has or is suspected to have a mental health disorder often taken longer to settle due to the need for professional evaluations and treatment prior to plea or trial. Despite an arrest by county officers, this particular case did not appear to originate in state court before the feds took over. Some cases, especially cases involving robbery and firearm use, are filed in state court and then later dismissed and refiled in federal court. This process can cause delays, although a 2+ year gap between arrest and sentencing is still high.

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Published on: March 15, 2017

Police Searching For Rockville Gun Shop Burglars

By Benjamin Herbst

Two suspects who burglarized a Rockville gun shop last week remain at large, and now law enforcement officers believe they may be linked to another recent burglary in nearby Virginia. Montgomery County police officers were alerted to the crime scene last week by the store’s alarm system at round 4 a.m., and they quickly responded to the Rockville shop to find the door pried open and glass cases smashed. Several firearms were taken from the glass cases as well as from racks behind the counter. In total the store reported more than 30 missing handguns and long rifles. The burglary gained national attention after the entire 90-second spree was captured on two high definition cameras, which were played for television and internet audiences. Both suspects were covered head to toe on black garb, and their faces were covered, thus making visual identification nearly impossible. A small clip of one of the suspects warning the other that it was time to leave the scene is audible and the burglars were allegedly spotted fleeing in a light colored four-door sedan, but there does not appear to be any other identifying information on the pair. There is no word yet whether crime scene investigators were able to recover any beneficial forensic evidence such has hair, skin or shoe samples.

Another gun store was burglarized this week in the same manner, and law enforcement officers are searching for clues as to whether these two smash and grabs are linked. The suspects in the Fairfax County crime were dressed differently, but appear to be similar in stature to the suspects in the Rockville burglary. Montgomery County Police are joined by federal agents from the ATF and Virginia officers in searching for leads to these two burglaries. If the suspects are apprehended they could be prosecuted under state law, federal law or both. Under Maryland state law the actions of the two suspects would be classified as a second degree burglary. There is a special provision under 6-203 of the Maryland code that deals specifically with breaking and entering with the intent to steal a firearm. The maximum punishment for a violation of this section is 20 years as opposed to 15 years for a standard burglary in the second degree. If prosecuted under state law each defendant could face over 30 counts (one for each gun) of second-degree firearm burglary as well as theft and destruction of property charges. With the announced involvement of the ATF though, it is likely that if the case is ever cracked the defendants will have to answer for their actions in the U.S. District Court in Greenbelt.

The ATF reported over 550 burglaries of licensed gun stores nationwide in 2016. This number rose from 377 in 2015, which represents a disturbing increase of over 50 percent. The illegal market for firearms will continue to thrive as states such as Maryland pass stricter limitations on gun possession and legal purchases, and as a result the ATF and local law enforcement could once again have their hands full in 2017.

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Published on: March 8, 2017

Feds Indict Seven Baltimore Cops

By Benjamin Herbst

The U.S. Attorney recently announced that seven Baltimore City police officers have been indicted on numerous felony charges, and the fallout has already extended beyond the cops’ alleged criminal acts. A federal grand jury returned the indictment back in February, but it was sealed until agents had the opportunity to execute search and arrest warrants. All seven have been arrested and remain in custody after a judge denied bail pending trial. While bail is typically granted for a defendant with no prior criminal record that is not facing a capital offense or violent life felony, prosecutors made the argument that these defendants, who served on the gun trace task force together, were especially dangerous to the public and possessed unique training that would make them flight risks. Defense lawyers for the accused countered by arguing that the charges were blown out of proportion, but the federal magistrate judge was not convinced and stated that no conditions of bail or supervised release would be enough to protect the public.

The charges returned by the grand jury were numerous, and included offenses such as wire fraud, robbery, conspiracy and extortion by a state or government employee. These charges were bundled in one racketeering indictment, which alleged the defendants stole money and drugs from civilians they detained or arrested and submitted fraudulent overtime reports. One of the defendants also allegedly posed as federal prosecutor in order to get more information out of a victim, which the officers subsequently burglarized and stole $20,000 from. Six of the defendants were also charged in a separate seven-count indictment for drug charges including conspiracy to distribute heroin and cocaine, and officer is charged with distribution of heroin resulting in death.

All seven of the accused officers face up to 20 years in prison for the racketeering and conspiracy charges. The six defendants in the drug indictment face even more exposure as antiquated federal drug laws still provide harsher punishments for those that sell drugs than for those that rob, steal from or assault others. Three defendants face conspiracy to distribute more than a kilogram of heroin, which carries a maximum penalty of life in prison with a 10-year mandatory minimum sentence. The other three are charged with selling slightly less heroin, but still face up to 40 years with a 5-year mandatory minimum. One of the soon to be ex cops faces an additional 20 years in jail for distributing heroin that results in death.

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Published on: January 19, 2017

Pharmacy Robber Sentenced To 12 Years

By Benjamin Herbst

Over the last decade law enforcement agencies around the country have increased efforts to curb the illegal sale of prescription medications. There has been increased governmental oversight starting from the drug manufacturers and trickling all the way down to the patient who fills a single prescription. Pharmaceutical manufacturers are required by law to report large and unusual orders for narcotics to the DEA and pharmacies are required to keep strict inventory of these highly addictive drugs. Doctors who prescribe the drugs face tighter regulations from their state medical boards, and pain management clinics or “pill mills” that were once untouchable are being shut down and prosecuted at a higher rate. Local police have also targeted prescription fraud and doctor shopping cases, and the word is out that pharmacies won’t hesitate to call the cops at the sign of foul play. The law enforcement community has achieved some success in limiting the amount of dangerous prescription drugs such as oxycodone on the streets, but their success has come with a price.

Heroin is now as popular and as cheap as ever, and filled the void left by the shortage of street level prescription drugs without so much as a hiccup. And despite the short supply of prescription narcotics on the street, the demand is still there. Users and dealers have not simply forgotten about oxycontin, morphine and fentanyl. But the shortage of theses drugs has driven up the price and made them more attractive to the dealers who do manage to get their hands on the product. This has left pharmacies, especially the smaller independent type, extremely vulnerable to theft by way of burglary and robbery. Most pharmacy thefts occur at night when the businesses are closed. The thieves are well versed with all drugs that can be sold on the street for a profit, and know that the narcotics are often locked away in another location. Though burglars will often break in to the pharmacies equipped with crowbars and lock cutters, these tools are ineffective if the high margin narcotics are locked up in a safe overnight. Unfortunately the only way to steal these drugs is to rob the pharmacies during business hours, which is a terrifying and dangerous alternative to nighttime burglary. It is also comes with a greater risk of serious prison time upon begin caught, as one man from Washington D.C. recently found out.

The U.S. Attorney’s Office announced the D.C. man linked to a series of pharmacy robberies in Prince George’s County has been sentenced to 150 months in federal prison where he will join his two other co-conspirators. The conspiracy included as many as four separate armed robberies that netted in excess of $20,000 worth of oxycodone. The defendants wore ski masks and at least one brandished a handgun, while another used pepper spray on two customers at a Hyattsville pharmacy. In one of the robberies in Berwyn Heights, Maryland the defendants stole an employee’s cell phone and wallet that included credit cards and identification cards. The FBI and the Prince George’s County Police Department cleared the cases, which landed all three defendants lengthy prison terms.

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Published on: August 25, 2016

Was It A Robbery?

By Benjamin Herbst

Whether you love or hate the Olympics, most people would agree they were beginning to run their course. The past three weeks were filled with inspirational stories and domination by a pair of Maryland athletes, but Rio also produced its share of bizarre incidents and conspiracies. The latter seemed to steal many of the headlines, which is not surprising considering our appetite for scandals. No single event, including record setting performances on the track or in the pool, generated more news headlines than the American swimmers’ run in with an armed gas station security guard. At first it was reported that the swimmers were targeted by police impersonators and robbed at gunpoint, which was odd considering the alleged victims still had possession of their cell phones and jewelry. Then it was reported that the entire story was made up, and the swimmers were never robbed. While we still don’t have every detail, there are enough facts out there to generate a legal discussion about what crimes where actually committed that night. To keep the discussion relevant we will act as if the incident happened in Maryland, as the Blog does not claim to be an expert in the criminal laws of other states, much less other countries.

It seems fairly clear that the swimmers engaged in some sort of criminal activity before they were confronted by employees of the gas station. Whether their actions would have actually resulted in arrest or prosecution is debatable, but based on the evidence the swimmers could have been guilty of at least three criminal violations. Urination in public is illegal in Maryland, but unlike other states that have UIP laws, there is not a specific state criminal statute that addresses this conduct. Some local governments such as Prince George’s County have ordinances that cover this act, and in PG County it happens to be a civil citation. In order for an officer to arrest a person under state law for relieving themselves in public, he or she would have to charge the suspect with indecent exposure under section 11-107. This is a misdemeanor that carries a maximum three-year sentence, and is obviously a criminal charge that would look horrible on anyone’s rap sheet. A police officer could also arrest someone for using a public transportation vehicle as his or her own personal bathroom, which is a misdemeanor that carries a 90-day jail sentence under section 7-705 of the transportation code. It is unclear whether the swimmers actually damaged any property, but if they did then destruction of property and or disorderly conduct charges could follow.

While we do not know exactly what happened in or around the bathroom, it is absolutely clear that the swimmers became robbery victims at some point in the night. Robbery is a simple crime to define; it’s an unlawful taking of someone’s property with force. Many people can think of it as a theft plus an assault. If you throw a weapon into the equation you are left with an armed robbery, and if that weapon happens to be a working operable firearm then there could be an additional charge for using a firearm during the commission of a crime of violence. The gentleman that pulled a gun on the swimmers and demanded money without a doubt committed an armed robbery. If there were others standing next to the gun toting security guard then they too committed an armed robbery. There are very few valid legal defenses to a crime such as this, and none would apply here. The “security guard” was not acting in self-defense or the defense of others, and he certainly was not under duress. If this incident had happened in Maryland the man with the gun and any accomplices would have been arrested and charged with upwards of three felonies. Our government would have issued an apology to the admittedly foolish swimmers rather than extort them out of $11,000.

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Published on: August 5, 2016

Police Nab Suspected Pokémon Go Robber

By Benjamin Herbst

A little over one month after its release the Pokémon Go craze is still in full effect across America. The interactive smartphone game app recently surpassed 100 million downloads since early July, and now the average smartphone user spends more time playing the game per day than they do browsing Facebook, Twitter and Instagram. The app generates over $10 million per day in revenue for Apple, Google the developers, and has been praised for motivating players to take to the streets and be active. The app has also generated its fair share of criticism though for distracting drivers hunting for Pokémon while in the car, and causing pedestrians to be so engaged in the game that they disregard their surroundings and injure themselves. In addition, the game has encouraged computer hackers to develop fake versions containing viruses and malware that can affect Android phones. But perhaps the most concerning consequence of the game’s popularity is that it has turned users into potential victims of theft and robbery.

Last week the University of Maryland Police arrested a young man suspected of robbing three college students within an hour while they were playing Pokémon Go on campus. The man allegedly used a feature in the game that locates other players using the phone’s GPS. Police released video surveillance of the suspected robber and he was apprehended about two weeks later. The suspect’s home was searched after his arrest and detectives confiscated evidence, which supported charges including four counts of armed robbery and other counts of theft and first and second-degree assault. The 22 year-old defendant is scheduled for a preliminary hearing later this month at the Prince George’s County District Court in Upper Marlboro, and his defense will be tougher given the fact that he is not a first time offender; he was convicted of theft in Allegany County a little over three years ago. Although none of the victims were injured and it does not appear that a firearm was used in the alleged robberies, the Pokémon robber still faces a battle to avoid a lengthy prison sentence.

While these Pokémon robberies in College Park appear to be isolated incidents carried out by one individual, they are not the first and probably won’t be the last around the country. Four men were recently arrested in Missouri for robbing Pokémon Go players at gunpoint, and other similar thefts have been reported in Texas and California. Although the game has created a criminal opportunity for thieves and robbers, smartphones in general have long created opportunity for robbers who tend to pray on those who seem too engulfed in their phone to be aware of their surroundings. The message from law enforcement is not to stop playing the game, but rather to look around and be aware, especially while walking around at night. The Blog will continue to follow this Prince George’s County case, and other crimes involving Pokémon Go. We may post a follow up article in the future so stay tuned.

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Published on: June 1, 2016

Two Arrested For Baltimore County Package Thefts

By Benjamin Herbst

The Baltimore County Police have reported the arrest of two men in connection with a string of package thefts in a single family home development in Pikesville. Residents in the area of Smith Avenue and Greenspring Avenue have been noticing missing packages for the last couple of weeks, but many never suspected wrongdoing. Some residents even took notice of a suspicious vehicle driving slowly through the new construction development, but did not make the connection to missing packages. Eventually the area residents and the county police caught wind of the ongoing conspiracy and went on high alert, and their vigilance paid off. Two suspicious men in reflective vests were reportedly seen removing packages from the front porches of houses, and then leaving in a dark colored SUV. Information about the dark SUV spread quickly, and when the men returned a neighbor followed them to get a closer look at the license plates. Armed with the license plate information it was only a matter of time before county police found and arrested their suspects.

The two suspects were charged with seven counts of fourth degree burglary and seven counts of theft less than $1,000. The 25-year old defendant was released on a $25,000 bail, while the 47-year old defendant is still being held on a $20,000 bail. Each count of burglary likely matches up with a corresponding theft count to represent one act, so it appears that there were seven individual crimes. Under state law a defendant can be convicted of burglary and theft at the same time for one criminal act. Theft less than $1,000 is a misdemeanor with an 18-month maximum sentence while 4^th degree burglary under section 6-205 is a misdemeanor with a 3-year maximum jail sentence. Fourth degree burglary is the catchall burglary charge in Maryland, which means there are wide ranges of factual scenarios that fall under the statute. It includes breaking and entering a house or any type of building, and also entering the property of another with the intent to commit a theft. Unfortunately for the two suspects, property of another includes the yard, garden and porch.

If the facts of the these package thefts turn out as they were reported by police then prosecutors will have little trouble proving the burglary charges. Some of the theft charges may have to be reduced to less than $100, especially considering one alleged victim reported that all that was taken from her was a box of coffee. But with a total of seven different incidents to choose from it seems like these defendants are headed toward a plea, as the state basically has seven shots at a conviction. As with any burglary case though, identity is always the key issue. The best way for a lawyer to defend the case at trial would be to challenge the state’s ability to prove who actually took the packages. There is little chance that any of the alleged victims know the defendants personally, and they were not caught in the act. The state’s case would then come down to in-court identifications plus any circumstantial evidence that police have gathered. The Blog will follow these cases, and may post an article about their resolution in the future.

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