United States v. David Clark
695 F. App'x 999
| 8th Cir. | 2017Background
- On July 28, 2014, David Clark entered a Commerce Bank branch wearing a baseball hat, orange vest, and sunglasses, approached teller Justin Souza, and attempted to hand him a piece of paper.
- Clark demanded Souza open his cash drawer, ordered Souza not to seek help from a coworker, and demanded specific denominations.
- Souza, an arm’s-length from Clark with no barrier between them, believed Clark might have a weapon and feared for his and others’ safety; Souza turned over $3,037.
- Clark was charged under 18 U.S.C. § 2113(a) for bank robbery, waived a jury, and was tried by the district court.
- Clark conceded other elements but disputed that the taking was “by intimidation”; the district court found intimidation and sentenced Clark to 60 months.
- Clark appealed, arguing insufficiency of the evidence on the intimidation element.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the evidence showed the taking was "by intimidation" under § 2113(a) | Government: Clark’s close approach, commands, order to stop the teller seeking help, and Souza’s fear show objective intimidation | Clark: No words or display of a weapon; conduct insufficient to show objective threat of bodily harm | Affirmed: A reasonable person in the teller’s position could have perceived a threat of bodily harm; evidence sufficient to prove intimidation |
Key Cases Cited
- United States v. Pickar, 616 F.3d 821 (8th Cir. 2010) (objective-intimidation standard—whether an ordinary teller could reasonably perceive a threat)
- United States v. Smith, 973 F.2d 603 (8th Cir. 1992) (close physical proximity and demeanor can establish intimidation absent a weapon)
- United States v. Caldwell, 292 F.3d 595 (8th Cir. 2002) (physical acts across counters and conduct causing teller fear can constitute intimidation)