Bank robber sentenced to 32 months

Jul. 22, 2014 @ 05:49 PM

Almost one year after a bank robbery on Garnett Street, the man found guilty of the crime could serve up to 2 years and eight months in prison.

On Tuesday, 57-year-old Johnnie Mack received a 19 to 32 month sentence in Vance County Superior Court by Judge Allen Baddour.

Assistant District Attorney Allison Capps said he will become eligible for parole after 23 months but could serve up to 32 months if he is not granted parole.

Catalina Wood, the only bank teller working at the Bank of America when the robbery occurred, testified for the state and was present in court for sentencing.

Wood said she is relieved the case is finally resolved.

“Of course, you always wish the sentence was more because of what happened,” she said. “I’m just glad justice was served. I can move on with my life now and not have to relive this.”

A mistrial was declared in Mack’s May trial after he was hospitalized for diabetes-related complications and missed two days of court.

Defendants have a constitutional right to be present at all stages of the trial unless their absence is determined by a judge to be voluntary, and the court deemed Mack’s absence in May involuntary.

Double jeopardy — the unlawful prosecution of a person twice for the same offense — does not apply in this case because the grand jury indicted Mack for attempted common-law robbery, according to Capps, who prosecuted the case.

When the grand jury indicted him a second time, it was for common-law robbery, which is a different charge.

Mack was previously convicted of common-law robbery in Granville County in 1978 and 1987.

 

Contact the writer at smansur@hendersondispatch.com.