Accused Bank Robber, 75, Is Given a Break

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 between the U.S. attorney’s office and a defense lawyer, Hart’s case will be put off for one year and then dropped if Hart has broken no state or federal laws in that time. The agreement was approved by U.S. Magistrate Roger Curtis McKee.

The agreement requires Hart to report to a court official during the year, Chief Assistant U.S. Atty. James Brannigan said.

“There are a lot of people out there who are just as desperate and don’t rob banks,” Brannigan said, “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, police say, Hart robbed a HomeFed Bank by threatening a teller with what he said was a bottle of nitroglycerin. The bottle turned out to contain his heart medication. Police say he demanded $70, enough to purchase medication that he believed was not covered by Medi-Cal.

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

“If you wanted to get some attention, you certainly have done that,” McKee told Hart on Tuesday. “But you have to obey the law just like everybody else.”

Hart sobbed from his motorized wheelchair. His only comment during the 15-minute proceeding was to thank law enforcement officials for “being wonderful.”

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

Hubachek 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.”