State v. Christopher Dekowski (071019), 218 N.J. 596

On Sept. 27, 2007, Christopher Dekowski entered a Commerce Bank wearing a long-sleeve shirt, cap and sunglasses and carrying something resembling a briefcase; his manner was nervous and suspicious.
Dekowski passed a written note to a teller demanding money and stating he had a bomb in the bag; the bank manager, Anne Beeman, took over the transaction and, fearing for safety, gave him about $500.
A second note later recovered referenced a briefcase and a 9mm; police traced the car plate and arrested Dekowski the same day; money and Xanax were found.
At trial Dekowski claimed a drug-induced blackout and presented diminished-capacity evidence; the jury convicted him of first-degree robbery and he was sentenced to 13 years with an 85% parole-ineligibility term.
The Appellate Division reduced the conviction to second-degree robbery, holding insufficient evidence linked the briefcase to a bomb; the Supreme Court granted certification.
The Supreme Court applied a totality-of-the-circumstances test and reinstated the first-degree robbery conviction, finding sufficient evidence that the manager had an actual and reasonable belief Dekowski was armed with a bomb.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence supported a finding that Dekowski was armed with or threatened immediate use of a deadly weapon (bomb) during the robbery	Dekowski’s written bomb threat plus his carrying a briefcase and suspicious conduct created a reasonable impression that he was concealing a bomb	Manager’s uncertainty about an actual bomb, lack of gesture or overt connection between briefcase and threat, and no witness belief about a bomb in the briefcase	The Court held the evidence (appearance, conduct, and written threat) was sufficient under the totality-of-the-circumstances for a reasonable jury to find the manager had an actual and reasonable belief he was armed with a bomb, reinstating first-degree robbery

Hutson v. State, 107 N.J. 222 (1987) (victim must have a subjective belief that a device is capable of causing death or serious bodily injury, and that belief must be reasonable)
United States v. Rankin, 487 F.3d 229 (5th Cir. 2007) (briefcase used as a bomb)
In re Air Disaster at Lockerbie, 37 F.3d 804 (2d Cir. 1994) (bomb hidden in luggage destroyed aircraft)
United States v. Arocena, 778 F.2d 943 (2d Cir. 1985) (briefcase-bomb explosion at airport)
United States v. Beck, 496 F.3d 876 (8th Cir. 2007) (note plus box/briefcase claiming a bomb)
United States v. Rodriguez, 301 F.3d 666 (6th Cir. 2002) (imitation bomb concealed in container)
United States v. Hart, 226 F.3d 602 (7th Cir. 2000) (fake bomb hidden in lunch box/shoebox)
United States v. Zamora, 222 F.3d 756 (10th Cir.) (package used to simulate a bomb)
United States v. Beckett, 208 F.3d 140 (3d Cir. 2000) (gift-wrapped box presented as a bomb)
United States v. Miller, 206 F.3d 1051 (11th Cir. 2000) (sticks with lit fuse used to simulate an explosive)