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Bank robber gets a break from judge

Published: Friday, March 20, 2009 at 5:27 p.m.
Last Modified: Friday, March 20, 2009 at 5:34 p.m.

Confessed bank robber Christopher Wenmoth, who blames emotional fallout from a gambling addiction for the heist he pulled last summer in Montgomery Village, beat the odds in court on Friday.

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Christopher Wenmoth, pictured here in a bank surveillance photo while robbing U.S. Bank in Santa Rosa's Montgomery Village

Bank surveillance photo

A Sonoma County judge who’d earlier declared an intention to send Wenmoth to state prison announced that he’s been dissuaded by the compelling appeal for a lesser penalty that he received in writing from Wenmoth’s attorney.

“I think you did a very good job of presenting your case,” Judge Arthur Wick told lawyer Jim Loughborough, a deputy public defender.

Sentencing was postponed two weeks, but the judge’s change of mind does not mean that the 40-year-old Wenmoth won’t soon be locked in a cell. Wick said at Friday’s sentencing hearing that though he has reconsidered a prison sentence he will commit Wenmoth to county jail, and also will order him to perform community service.

The judge could have imposed a sentence Friday. But he said he first wants Wenmoth to write a letter to the U.S. Bank teller to whom he passed a note demanding money.

That letter is to include an apology from Wenmoth and an assurance that he means the woman no harm.

The teller testified earlier that when Wenmoth approached her window and handed her robbery note last July 23, she feared he might be carrying a weapon and might use it. Prosecutors who’ve sought prison time for Wenmoth have argued that the teller has suffered serious distress since the moment she was robbed.

In court Friday, Deputy District Attorney James Casey continued to press for a prison term for Wenmoth. Casey told Judge Wick that Wenmoth’s contention that he was driven to robbery by a cardroom gambling habit isn’t credible..

“Clearly, he didn’t rob the bank to get funds to pay off a gambling debt. He didn’t pay off one cent,” Casey said. Instead, he said, Wenmoth used the nearly $2,500 in stolen cash to bankroll a road trip to the Midwest.

“We think the whole gambling thing is a red herring, your honor,” Casey said. “This is a detailed, methodical, premeditated crime.”

Among the peculiarities of the Wenmoth case are that he made no attempt to disguise or cover his face when he walked into the bank branch. The photos that a security camera snapped of him were so clear he was easily identified.

Wenmoth apologized to the teller for robbing her, then used his own car to leave town with a woman friend bound for South Dakota. When a state trooper stopped him in Minnesota on July 31, he’d spent all the money.

Wenmoth spent nearly four months in jail before he was released on bail shortly before Thanksgiving. He pleaded no-contest to a bank robbery charge in December.

“I have come to believe that I robbed the bank because I subconsciously knew that it would force me to get help,” he wrote the judge.

His attorney, Loughborough, said after court Friday that as bank robberies go, his client’s was notably unsophisticated, unprofessional, unguarded, polite and apologetic.

“I don’t think anything could be served by putting him in prison,” the lawyer said.

The judge ordered Wenmoth back for sentencing on April 1.

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