Akron Man Charged with Armed Bank Robbery

An information was filed in U.S. District Court charging Frank Jabo, Jr., age 64, of Akron, Ohio, in connection with robberies at two Akron banks, Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, announced today.

The information charges that Jabo committed an armed robbery of the First Merit Bank at 1675 Merriman Road in Akron, Ohio, on June 6, 2011, obtaining $6,560.

It further charges that, on June 10, 2011, Jabo committed an armed robbery of the PNC Bank at 889 West Market Street in Akron, Ohio, obtaining $1,152.

If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation.

This case is being prosecuted by Special Assistant U.S. Attorney Jason M. Katz and Michelle M. Baeppler, Assistant U.S. Attorney of the Cleveland U.S. Attorney’s Office, following an investigation by the Federal Bureau of Investigation and the Akron Police Department.

An information is a charge filed by the U.S. Attorney with the defendant’s consent and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Akron Man Charged with Armed Bank Robbery

Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, today announced that a federal grand jury returned a three-count indictment charging Claude A. Smith, age 75, of Akron, Ohio, with the crimes of armed bank robbery, carrying and using a firearm during a crime of violence, and felon in possession of a firearm and ammunition.

The indictment alleges that, on June 30, 2011, Claude A. Smith robbed U.S. Bank, 693 Canton Road, Akron, Ohio, of approximately $2,559 in United States currency, and during the course of the robbery, Smith assaulted and put in jeopardy the lives of tellers and employees by means of a firearm. During the bank robbery, according to the indictment, the defendant used and carried a firearm. The indictment further alleges that the defendant possessed the firearm and ammunition having been previously convicted of crimes punishable by a term of imprisonment exceeding one year, to wit: aggravated murder, robbery, and armed robberies.

This case was part of a joint investigation conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, and the Akron Police Department. The matter was presented to the grand jury by Assistant United States Attorney Duane J. Deskins.

If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense, and the characteristics of the violations. In all cases, the sentence will not exceed the statutory maximum and, in most cases, it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Justice Department Announces Insufficient Evidence to Pursue Civil Rights Charges Against Akron Police Departments Involved in Fatal Shooting

There is insufficient evidence to pursue federal criminal civil rights charges against Akron Police Department (APD) officers involved in the fatal shooting of Jeffrey Stephens, the Justice Department announced today.

Officials from the department’s Civil Rights Division, the U.S. Attorney’s Office for the Northern District of Ohio and the Federal Bureau of Investigation conducted a comprehensive independent review of the events surrounding the July 5, 2008, shooting that resulted in Stephens’ death. As part of the investigation, the DOJ reviewed all of the evidence developed during the APD investigation, including witness statements, ballistics reports, crime scene evidence, and medical reports.

Under the applicable federal criminal civil rights laws, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right, meaning with the deliberate and specific intent to do something the law forbids. Neither accident, mistake, fear, negligence nor bad judgment is sufficient to establish such a criminal violation.

After a careful and thorough review, a team of experienced federal prosecutors and FBI agents determined that the evidence was insufficient to prove, beyond a reasonable doubt, that the law enforcement personnel who fired at Stephens acted willfully, meaning with the deliberate and specific intent to do something the law forbids. Under the applicable federal criminal civil rights laws, prosecutors must establish, beyond a reasonable doubt, that a law enforcement officer willfully deprived an individual of a constitutional right.

Accordingly, the investigation into this incident has been closed.

The Civil Rights Division, the U.S. Attorney’s Office for the Northern District of Ohio and the FBI devoted significant time and resources to complete a painstaking analysis of the evidence developed during the investigation.

The Justice Department is committed to investigations of allegations of excessive force by law enforcement officers and will continue to devote the resources required to ensure that all allegations of serious civil rights violations are fully and completely investigated.