Disabled Man, 75, Avoids Prosecution in Bank Holdup

William Hart, the 75-year-old man accused of robbing a downtown bank from his wheelchair to get money for heart medicine, can avoid prosecution if he stays out of trouble for a year, a federal magistrate ruled Tuesday.

In an agreement worked out between the U.S. attorney’s office and a defense lawyer, Hart will report to a pretrial services officer for one year before his charges are dropped. The agreement was approved by U.S. Magistrate Roger Curtis McKee.

Hart, appearing frail in his motorized wheelchair, sobbed during the 15-minute hearing. He held his head frequently and spoke only once, to thank the San Diego Police Department and the FBI for “being wonderful.” He said after the hearing that the agencies treated him with respect.

Hart added after the hearing that he brought a bouquet of roses Monday to the bank teller he allegedly robbed, to apologize for frightening her.

“There are a lot of people out there who are just as desperate and don’t rob banks,” said Chief Asst. U.S. Atty. James Brannigan, “and we are not condoning that type of conduct, but in this case it was the humanitarian thing to do. We’ll give him a break, if he keeps his nose clean.”

On Jan. 15, authorities alleged, Hart robbed HomeFed Bank’s headquarters branch at 615 Broadway by threatening a teller with a bottle of what he said was explosive nitroglycerin. It turned out to be his heart medication. He demanded $70, enough to purchase more heart medication, which he believed was not covered by Medi-Cal insurance.

A bank security guard followed Hart as he drove his wheelchair toward a drug store in Horton Plaza where he was arrested while trying to purchase the medication, police said.

In an interview the next day, Hart told The Times he “hated to have to go to this extreme” but had tried every other way he could think of to find money to pay for his medicine. He pleaded not guilty at his arraignment.

“Quite frankly, we’ve spent a lot of money on your case,” McKee on Tuesday told Hart, who was wearing a tan jacket and red cap. “If you wanted to get some attention, you certainly have done that. But you have to obey the law just like everybody else. This sure is a tough way to get your attention.”

Hart’s physician, Dr. John Berger of San Diego, said he prescribed Cardizem SR capsules for a heart ailment, and the paperwork authorizing Medi-Cal to pay for the drug was filed at two pharmacies, but not at Longs. Hart said he didn’t understand that the drug was available.

Hart’s attorney, Steve Hubachek, said Berger and a social service worker from the county’s area agency on aging are working together to help Hart. He said the paper work has been transferred to Longs, where Hart is now able to get the medication.

Because of publicity surrounding the case, Hubachek and Hart said, they had received many calls from people offering to repay the bank for the amount taken or donate money for Hart’s medication.

He said Hart’s bank, the HomeFed he allegedly robbed, has set up a medical assistance account for the retired merchant seaman.

“I feel wonderful,” Hart said after the hearing. He said he has “no regrets, except for making the (teller) nervous at the bank.”

Hart, who lives at a downtown residential hotel on Social Security and state disability payments, said that from now on he will simply stay home and take his medicine.

“I think it’s was a real credit to the U.S. attorney’s office that they decided not to go ahead and prosecute the matter,” Hubachek said, adding that his defense would have centered on an individual’s right to protect himself when attacked, in this case by circumstances Hart perceived to be life-threatening.