Dаniel Collinsworth entered several banks and ordered a teller to give him various denominations of currency. Following a bench trial, the trial court found him guilty of 5 counts of second degree robbery and one count of attempted second degreе robbery. On appeal, Collinsworth concedes that he was guilty of first degree theft, but argues that the evidence was insufficient to establish robbery.
Even though he made no overt threatening gestures and did not display a weapon, Collinsworth’s unequivocal demands for immediate surrender of the bank’s money, under the circumstances of this case, were sufficient to support the trial court’s findings that he took the bank’s property through the use or threatened use of “immediate force, violence, or fear оf injury.” Accordingly, we affirm.
Collinsworth was charged by amended information with five counts of second degree robbery and one count of attempted second degree robbery and, alternatively, with five counts of first degree theft and one count of attеmpted first degree theft. He waived his right to a jury, and the case was tried to the bench.
Count 1
On December 30, 1995, Collinsworth entered a Seattle branch of Washington Mutual Bank and approached teller Michael Hoiland. Collinsworth, who appeared to be “very nervous” and “fidgety,” told Hoiland in a “serious”
Because Collinsworth was wearing baggy clothing, Hoil- and could not determine whether he had a weapon; Collinsworth did not put his hands in his pocket or otherwise indicate that he had a weapon. Hoiland perceived Collinsworth’s words to be an ultimatum or threat to harm other employees or customers if he did not comply.
Hoiland explained that Washington Mutual has a policy requiring tellers to comply with any demand or request for money, whether or not a weapon is displayed. Hoiland stated that he complied with Collinsworth’s demand because of the bank policy and because of the perceived threat.
Count 2
On January 17, 1996, Collinsworth entered another Washington Mutual branch, approached teller Steven SukNam Peterson, and demanded, “Give me your hundreds, fifties and twenties.” When Peterson replied, “Excuse me?”, Collinsworth repeated, “Give me your hundreds, fifties and twenties.” Peterson’s “blood started pumping,” and he felt “pretty shaken or shocked” that a robbery was occurring.
After Peterson placed $20 and $50 hills on the counter, Collinsworth said, “Give me your hundreds.” When Peterson replied that he did not have any, Collinsworth grabbed the money and walked out of the bank. According to Peterson, Collinsworth appeared “a little nervous” and used a “direct and demanding” voice, leaning in Peterson’s directiоn. Although Collinsworth did not mention a weapon or make threats, Peterson felt that that he probably had a gun. Peterson was concerned for his own safety and the safety of others in the bank, and the bank’s policy was not the sole reason he comрlied with Collinsworth’s demands.
Count 3
Collinsworth also entered the Ballard branch of Washington Mutual on January 17, 1996. He approached one of the teller windows and said to George Wang, “Give me all your fifties and hundreds.” At first, Wang did not understand, and Collinsworth repeated the demand. Wang then grabbed his loose $100 bills and handed them to Collinsworth. He explained that he cooperated with Collinsworth because of the bank’s policy and because he did not want to jeopardize himself or the bank’s customers. Wang felt that there was a possibility that Collinsworth had a weapon, but he could not tell for sure.
Count 4
Agatha Lidzbarski, a teller at the University branch of Key Bank, testified that on August 5, 1995, Collinsworth approached her window, placed a green cloth bag on the counter, and asked her in a low voice to fill it with “hundreds and fifties,” with “no dye packs.” After Lidzbarski put the $100 and $20 bills from her drawer on the counter, Collinsworth gathered up the money and left. Because Collinsworth was wearing a baggy sweatshirt and held one hand near his waist, Lidzbarski was concerned that he might hаve a weapon. Even if Key Bank did not have a policy, Lidzbarski would have complied with Collinsworth’s demand because she was afraid that he might become angry and harm someone.
Count 5
On August 4, 1995, Collinsworth entered the University branch of First Interstate Bank and approached teller Ana-belle Meneses’ window. Collinsworth handed Meneses a bag and told her, in a “regular” tone of voice, to fill it. Meneses felt threatened, but could not determine whether Collinsworth was armed. When Meneses was unable to find the keys to her сash drawer and people began lining up, Collinsworth told her to “forget it” and left.
Count 6
Collinsworth again entered the University branch of First Interstate Bank on August 23,1995. He approached a teller window and told Maxwell Bloesser, in a “firm, direct” voice, “[g]ive me your twenties, fifties, and hundreds.” When Bloesser asked if he was
During closing argument, defense counsel argued that Collinsworth was guilty only of first degree theft and first degreе attempted theft because there was no evidence that he obtained bank property through the use or threatened use of immediate force, violence, or fear of injury. The trial court disagreed, finding that in each incident, Collinsworth’s actions demonstrated an intent to create fear and induce bank employees to hand over the money. The court further found that Collinsworth’s conduct created actual apprehension and fear in the bank tellers, that such fear was objectively reasonable under the circumstances, and that each teller would have handed over the money even without a bank policy requiring compliance with a robber’s demands. The court entered extensive written findings of fact and conclusions of law addressing each count.
In order to establish robbery, the State was required to prove, among other things, that Collinsworth took bank property “by the use or threatened use of immediate force, violence, or fear of injury . . . ,”
It has long been the rule in Washington that
if the taking of the property be attended with such circumstances of terror, or such threatening by menace, word, or gesture as in common experience is likely to create an apprehension of danger and induce a man to part with property for the safety of his person, it is robbery.[2 ]
As the parties have noted, however, there are no Washington cases that address the evidence necessary to establish robbery in circumstances where the defendant does not utilize overt physical or verbal threats or display a weapon.
But federal courts have frequently addressed the issue in the analogous context of bank rоbbery under 18 U.S.C. § 2113(a), which criminalizes the taking of property from a bank “by force and violence, or by intimidation.”
A similar result under comparable facts was reached in United States v. Hopkins,
Under the circumstances of this case, the fact that Collinsworth did not display a weapon or overtly threaten the bank tellers does not preclude a conviction for robbery. “The literal meaning of words is not necessarily the intended communication.”
United States v. Wagstaff,
In this case, Collinsworth expressed his demands for money directly to the teller. Viewed in the light most fаvorable to the State, the evidence was sufficient to support the trial court’s findings that Collinsworth obtained bank property through the use or
Affirmed.
Keview denied at
Notes
RCW 9A.56.190 provides that a person commits robbery “when he unlawfully takes personal property from the person of another or in his presence against his will by the use or threatened use of immediate force, violence, or fear of injury to that person or his property or the person or property of anyone. Such force or fear must be used to obtain or retain possession of the property, or to prevent or overcome resistance to the taking; in either of which cases the degree of force is immaterial.”
State v. Redmond,
The predecessor to 18 U.S.C. § 2113(a) proscribed the taking of property by “putting in fear.” The change to “intimidation” has been characterized as technical rather than substantive. United States v. Robinson,
United States v. Bingham,
Lucas,
Hopkins,
State v. Scherck,
See United States v. Henson,
State v. Ammlung,