‘A’s Bandit’ Suspect Prepared to Admit to Some of Robberies

After reviewing evidence against him that includes his fingerprints at bank robbery scenes and his handwriting on demand notes, the man accused of being the “A’s Bandit” said Thursday that he is prepared to plead guilty to eight or 10 bank robberies, which will bring him six to 12 years in prison.

“The fingerprints are mine, and the handwriting on the notes is mine,” David W. Malley said by telephone from the Metropolitan Correctional Center downtown. “I’m 22, and with good time reductions, I can be out of prison before I’m 30. I’m accepting the deal.”

Malley’s attorney, David Bartick, and Assistant U.S. Atty. Patrick O’Toole are scheduled to meet this afternoon to formally agree to the plea bargain. A hearing will be set for next week for Malley to plead guilty to the crimes in open court, Malley said. Sentencing will then be set.

Following a string of 29 bank robberies between February and April that was noted for the Oakland A’s baseball cap sometimes worn by the robber, Malley was arrested by FBI agents as he walked outside his apartment in University City.

In newspaper and television interviews, Malley described himself as an unwitting scapegoat with a criminal past and troubled home life that federal agents and local police had seized upon. His extravagant lifestyle, detailed by his roommates’ accounts of new furniture and clothing, came from dealing drugs, he said.

But last month Malley told The Times he would probably settle for a four- to seven-year prison sentence in the bank robberies because “it will be difficult to wage a defense” and “everyone thinks I’m guilty anyway.”

Federal sentencing guidelines allow only six bank robberies to be charged to the same criminal defendant, but prosecutors said they would seek an “upward departure” in the case by asking a judge to consider Malley’s criminal history in New York state.

Malley said prosecutors have asked him to plead guilty to 10 counts in exchange for dropping the “upward departure” terms. However, he said he prefers to plead guilty to eight counts.

Although Malley said last week that all plea-bargain negotiations had been rejected and that he was prepared to go to trial, he had not yet seen the government’s evidence.

The government, Malley said, has his handwriting samples on demand notes, fingerprints that tie him to the robberies and “bait bills” from one of the robberies that were found in his apartment.

“They have a slew of evidence,” he said. “Juries believe that stuff. They’ve got me on six robberies. But I’m not going to plead guilty to the ones I didn’t do. They can get someone else for those.”

Family, friends and attorneys other than Bartick have told him to accept the government’s offer, Malley said.

“A lot of people are saying, ‘Take the deal,’ ” he said. “If I’m convicted at trial, I could be looking at 20 to 25 years, and I’m not going to do that. My exposure is tremendous. This is a better deal than most people get.”

Neither Bartick nor O’Toole could be reached for comment Thursday night.

Malley said he is relieved not to have to go to trial.

“It’s been very stressful,” he said.