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Prosecutors and law enforcement officers expressed shock when a two-day jury trial ended with the acquittal of a man charged with second-degree felony bank robbery.

Defense attorney David Lowther, however, said he and his client were “very happy with the verdict.”

The Robbery

On May 25, law enforcement officers responded to a call reporting robbery at Commercial Savings Bank in Marion, Ohio. Witnesses reported that a man—later identified as Nicholas L. Smith—passed a note to a teller after entering the bank.

According to Marion County Prosecutor Jim Slagle, the note said, “I’m not (expletive) around. Give me all the money.”

Smith was arrested on May 27 after authorities released a description and surveillance photo.

The Defense

In order to convict Smith on second-degree felony charges, prosecutors needed to prove that he threatened physical harm during the course of the theft.

“Evidently they could not prove that,” Lowther said.

The crux of the defense’s argument was that neither the surveillance tapes nor the teller note showed threat of physical harm.

Even though Smith was acquitted of the second-degree felony charges, Slagle said he planned to pursue third-degree charges, which do not require proof of physical harm.

Smith was released from the county correctional facility where he was being held after the not-guilty verdict was handed down.

(Source: Central Ohio online)

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