Trial of 4 begins in fatal ATM robberies
Tempers flared before potential jurors entered a Houston courtroom Monday in the trial of four men accused of aiding in a series of violent and fatal armored truck robberies.
Testimony was to begin Tuesday in the sweeping federal conspiracy case arising from a string of brazen heists. Prosecutors said two security couriers were fatally shot in separate incidents as they stocked ATM machines before the final robbery attempt in which the alleged triggerman was killed in a shootout with a SWAT team carrying out a sting operation.
None of the men on trial is accused of pulling the trigger, but two of the defendants are charged with helping the suspected gunman.
Flanked by U.S. marshals, the four defendants entered the court for jury selection in leg shackles, handcuffs and shock belts, which were concealed from jurors by a ruffled black skirt around the defense table.
Two defendants, John Edward
Scott and Bennie Charles Phillips Jr., wore button-up shirts and slacks and had lawyers. Two others, Nelson Alexander Polk and Marc Anthony Hill, opted to represent themselves; they arrived in jail uniforms, having refused to wear civilian clothing.
Polk declined to sit at the defense table. When the judge ordered him to do so, Polk muttered, “Threats, threats, threats, threats, threats.” Polk argued that he had no further business with the court and did not plan to proceed to trial, claiming what he called “child of God” status.
U.S. District Judge David Hittner denied that request. Polk also argued that he had “sovereign status,” an idea promoted by antitaxation and extremist groups, meaning that one is not subject to the laws of the United States. The judge also denied this status.
Polk became so irate during the proceedings that the judge ordered him to watch the entire trial via a one-way video monitor from a separate room.
There, Polk could be seen seated with his head tilted all the way back and what appeared to be a legal folder balanced precariously atop his face.
Hill, the other defendant without a lawyer, ultimately agreed to change into the jacket and tie he’d brought for trial, rather than being banished to a separate room where he would not be able to question witnesses on his own behalf. Both men had court-appointed backup lawyers on hand in case the defendants changed their minds.
A fifth man, Trayvees Duncan-Bush, has pleaded guilty to participating in the violent scheme and could be called as a witness.
Federal prosecutors believe the crew began robbing armored trucks in March 2016 and ended their run nine months later in a bloody shootout outside an Amegy Bank of Texas branch.
The alleged mastermind, Redrick Batiste, was fatally shot by Houston police during the sting operation. Three alleged accomplices, including two of those on trial, were arrested while fleeing; another two were picked up after the ill-fated heist.
Police had determined that Batiste’s alleged robberies followed a pattern, and federal investigators have linked him to the two killings.
The first, in March 2016, ended in the death of a Loomis security courier, Melvin Moore, who was gunned down while stocking an ATM at the JPMorgan Chase branch on Airline Drive.
After being shot, Moore reached for his gun and fired at the would-be robber — who left the scene empty-handed.
The following August, a robbery crew targeted a Wells Fargo Bank in the 13000 block of Northwest Freeway. A sniper fatally wounded courier David Guzman as he refilled an ATM.
Following that shooting, another crew member moved in and grabbed the bags of cash, making off with $120,000. Hill and Polk are charged with conspiracy in relation to Guzman’s death. None of the defendants was charged in the earlier killing.
The final fatality came amid a sting operation in December, when, police say, Batiste and five accomplices set their sights on the Amegy Bank. For days, the suspects posted up near the bank, watching the comings and goings of the armored vehicle they aimed to target.
On the morning of Dec. 7, they assumed their positions.
But rather than robbing a truck full of cash, they came face to face with a group of police officers and FBI agents who pulled up to the bank in an armored Brink’s truck.
Authorities gave this account: Duncan-Bush and Polk attempted to flee the scene on foot. Batiste opened fire, and was fatally wounded. Afterward, authorities retrieved a .223caliber AR-15 with a scope nearby.
Hill tried to drive away in his vehicle but was arrested. Scott and Phillips were apprehended later.
By the time the judge announced which jurors had been selected, the high adrenaline courtroom scene had shifted. Polk was back in the room dressed in a buttoned shirt and he calmly agreed to let his backup lawyer, Nicole DeBorde, represent him when testimony begins Tuesday.