Judge orders prison for bank robber, 65
Four years in federal prison was handed down to Ramona resident Timothy Edward Graham May 12 for twice robbing the Bank of America branch at 1407 Main St.
In addition, U.S. District Court Judge Anthony Battaglia ordered Graham, 65, to pay $6,144 to Bank of America. The judge said Graham will still be bound after his release to pay back the bank.
“Robbery is a very personal, intimate crime to the victim,” said Battaglia. “It is a crime that involves danger. People need to feel safe.”
Battaglia said the sentence comes with “a deterrence — in that you never do this again.” He added: “This was a price way too big to pay for $6,000. Your freedom will be restricted.”
Graham, wearing a tan prison uniform, said he accepted responsibility for the holdups and said he would not appeal. A jury convicted him Feb. 25 after three hours of deliberations in a three-day trial.
Assistant U.S. Attorney Jarad Hodes asked in court documents for a five-year term, but in open court said a four-year sentence would be sufficient after Graham acknowledged robbing the bank.
Graham’s attorney, Robert Rexrode III, argued in court papers that he should be sentenced to the six months he has spent in jail, but the judge disagreed.
“Time served is a non-starter for me….an abomination to the victims,” Battaglia said.
Battaglia recommended Graham be housed at Terminal Island because it has a medical facility. Rexrode wrote in court papers his client is “in near constant pain” from a back injury and arthritis.
Battaglia noted that federal sentencing guidelines for the offense recommend a sentence between 78 and 97 months, but that was excessive. He also noted that Graham is a Vietnam War veteran.
Graham’s longtime friend, Ramona resident Wayne Van Dell, was in the audience and said afterward that he and his wife have taken in Graham’s twin 18-year-old daughters, one of whom has cerebral palsy and requires care.
“I promised Tim I would always take care of his girls while he’s incarcerated,” said Van Dell. “It’s one of those things God asked us to do.”
Social Security payments to the daughter with cerebral palsy were discontinued, and the judge asked Van Dell about it in open court. Van Dell said they were trying to get the payments re-started.
Graham’s first wife, Paula, died of breast cancer some years after the couple adopted the two girls. The couple lost a toddler in the 1980s in a swimming pool accident, his brother said in a letter to the judge.
As to Graham not appealing the jury’s verdicts, Van Dell said his friend told his daughters he was “determined to accept responsibility” for the crimes.
“He wants it to be clear — he knows what he did was wrong. He feels if he appeals it, he wasn’t trying to accept it,” said Van Dell. “He’s trying to heal that relationship with his daughters.”
The first bank robbery occurred on Feb. 11, 2015, and the second on Nov. 19, 2015. Graham was arrested the day after the second robbery. Linda Sparks, who was married to Graham from 2009-15, identified him as the man seen in bank surveillance photos. She testified that a shirt in the bank photo was one she had washed 100 times. Another photo showed him wearing a medical mask.
According to court records, the money apparently was spent gambling and for pain medication. Rexrode told the jury that Graham had been visiting casinos and had deposited his winnings in his bank account, which accounted for several large deposits.
The second holdup occurred with a gun. The FBI found a gun under Graham’s bed with a wooden handle that matched a teller’s description.