An accused bank robber who challenged a police search of his bookbag and then fired his lawyer to act as his own attorney pleaded guilty Thursday in Mobile's federal court.
Herbert Allen Smith, 75, accepted a plea bargain in which prosecutors agreed to recommend an eight-year prison sentence. A judge formally will sentence him on Aug. 16. Prosecutors also agreed to ask the Mobile County District Attorney’s Office to end prosecution on state charges arising from the same robbery.Smith admitted that he walked up to the doors of the bank at 3:05 p.m. wearing gray cargo pants, blue-and-white shoes, sunglasses and a blue-and-white backpack.
officers were searching for him in the area. After buying several items, he left the store at about 4:25 p.m. and then walked to an area near the Popeye’s chicken restaurant and sat underneath a tree, eating an Italian ice he had just purchased from the store. An officer assigned to an FBI task force saw Smith and detained him for questioning. The backpack had several Dollar Tree bags filled with items. Police searched the backpack and found several items linked to the bank robbery. That included the clothes Smith was wearing and mutilated currency that the teller included with the cash.that law enforcement officers had legal justification.
At the time of the robbery, Smith was under supervision by the U.S. Probation Office for a bank robbery in Ohio in 2006. Prosecutors in Mobile agreed to recommend that his sentence in the Commonwealth National Bank robbery run at the same time as any additional imprisonment he receives in the Ohio case for violating the terms of his release.
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