75-year-old bank robber from Mobile sentenced to nearly 13 years in prison

MOBILE, Alabama (WALA) – A man who insisted on representing himself in a bank robbery case but then relented and pleaded guilty will go to prison for a long time – perhaps the rest of his life, given his age.

U.S. District Judge Kristi DuBose on Friday sentenced 75-year-old Herbert Allen Smith to 12 years and seven months in prison plus three years of supervised probation after the end of his prison sentence.

Smith pleaded guilty in April, admitting that he passed a note to a teller at the now-closed Commonwealth National Bank on Spring Hill Avenue in May of last year and stole $1,407.

In a handwritten letter to the court, Smith expressed his remorse and apologized to the cashiers on duty at the time.

“Although I had no weapon, they were rightly afraid of the possible consequences,” he wrote. “I sincerely hope that these two bank employees can forgive me for the horrific ordeal I inflicted on them that day.”

Smith attributed his actions to his drug abuse in the days leading up to the robbery. Given his age, he wrote, it was unlikely he would survive a long prison sentence. He had spent half his life behind bars, he wrote.

“What I did was wrong and extremely stupid, and there is no excuse for my actions,” he said.

Smith unsuccessfully challenged the constitutionality of a search by police officers who approached him in a park shortly after the robbery.

Court records show Smith walked through a Dollar Tree near the bank for nearly an hour while police searched the area for him.

After purchasing several items, he left the store at about 4:25 p.m., then walked near the Popeye's chicken restaurant, sat under a tree, and ate an Italian ice cream he had just purchased at the store.

An FBI task force agent spotted Smith and detained him for questioning. Inside the backpack were several Dollar Tree bags filled with items. Police searched the backpack and found several items associated with the bank robbery, including clothing Smith was wearing and damaged money the teller had placed with the cash.

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