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Criminal Law Keyed to Osler
United States v. Kelley
Citation:
412 F.3d 1240 (11th Cir. 2005)Facts
There were two tellers working at a bank inside of a grocery store. They saw two people pacing back and forth in front of the bank, but one of the tellers, Ms. Spurlock, stepped away to answer a phone call. When she did so, the two men jumped on top of the counter, opened the unlocked cash drawer, and began taking cash from the door. The other teller, Ms. Kornegay remained in her position, an arms reach from the robbers. She, nor Ms. Spurlock resisted the robbery or activated the silent alarm. The robbers, later identified as the defendant and Corey Moss, fled the store with $961. As they were fleeing a dye packet hidden in one of the cash bundles exploded. This made it impossible for the driver of the getaway car, Prothro to see and he crashed into a brick wall and was apprehended. Ms. Kornegay testified that she was really scared and did not activate the silent alarm because she did not want to aggravate them. Ms. Spurlock was also shocked and scared but did nothing to avoid escalation. A jury found the defendant guilty for the bank robbery.
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