A bank robber’s inadvertent placement of a closed pocket knife on a bank counter during a robbery wasn’t “use” of a dangerous weapon, a federal appeals court said June 11.
The U.S. Court of Appeals for the Ninth Circuit reversed Neal Bain’s conviction for armed bank robbery.
Bain committed a series of bank robberies in 2014 to support his heroin addiction, the court said.
During the robbery at issue, which Bain admitted committing, he inadvertently put the knife on the bank’s counter while pulling a plastic bag out of his pocket.
Bain never opened the knife, exposed the blade, or...