The facts of this case are incredibly straightforward; indeed, they're on video. As Justice Snauffer says:
"The facts are simple. Banner entered a restaurant and waited in line several minutes behind multiple customers. Two employees helped each customer. When Banner reached the cash register at the front of the line, he produced a toy firearm and demanded money from the employee operating the register. That employee did not believe the firearm was real and refused to comply.
A second employee, standing near the register and across from Banner, ran away in fear. Banner subsequently left emptyhanded and was arrested nearby a short time later."
That's sort of a pathetic attempt at a crime, no? Sufficiently pathetic that no one's really even harmed, even though I readily concede it's not fun, someone could theoretically have a heart attack, etc.
Mr. Banner has a criminal history, of course, so it's not like he's going to just be sentenced to probation.
Still, I was somewhat surprised that he got nine years in prison for this. That's a fair piece of time for a not-so-impressive attempt at a robbery. (Especially since it seems from the opinion like Mr. Banner has a fair amount of mental health issues; e.g., the court's statement that it "believed he did have mental health issues" and "the fact [Banner] was able to conduct the crime in the way he did does not mean that he does not suffer from a mental health issue. It may just mean that it was somewhat in abeyance at the time ….”
I suspect those underlying issues won't improve much during Mr. Banner's subsequent years in prison.
