N.J. Supreme Court upholds sentence for man who robbed Atlantic City bank

Mary Fuchs/Statehouse Bureau By Mary Fuchs/Statehouse Bureau The Star-Ledger
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on March 11, 2009 at 12:59 PM, updated March 11, 2009 at 1:19 PM
Justice Roberto Rivera-Soto appears in this June 2004 file photograph.

In a split decision today, the state's Supreme Court refused to reduce the sentence of a man who robbed an Atlantic City bank by vaulting over a 7-foot glass barrier, and then took a cab to a car dealership where he assaulted a salesman and tried to steal a vehicle.

The justices reversed a previous ruling by the state appeals court that would have given Marcus Cassady less time in jail.

''The state asserts that the Appellate Division erred when it determined that the lesser-included offense of theft should have been charged," wrote Justice Roberto Rivera-Soto.

Now the highest court has reaffirmed that Cassady will spend two consecutive 10 year terms in prison -- with parole only after serving 17 years.

The court looked at whether the 6-foot tall Cassady posed a violent threat to the bank teller at Cape Savings Bank, a woman of 5 feet. Four of the seven justices decided his sentence was justified for the crimes he committed.

Cassady passed a withdrawal slip to the teller with "$5000" written on it. When the teller balked, Cassady told her, "Hurry up. I know how to get it." Instead of waiting for the money, Cassady jumped over the 7-foot bullet-proof barrier between them and landed on the counter.

The teller ran into an adjacent room, hiding from Cassady. He took nearly $2500 and then asked the cab driver, who brought him there and was still waiting outside for him, to take him to his next destination -- a car dealership.

Cassady tried to steal a car, using a key he found inside the dealership. But a struggle ensued with a salesman and the cops arrived before Cassady could get away with both the car and the money.

Justices Roberto Rivera-Soto, Hoens, La Vecchia, and Chief Justice Stuart Rabner agreed that the sentences fit the crimes.

''Although the imposition of consecutive maximum sentences on two second-degree crimes may, at first blush, appear harsh, one cannot quarrel with the sentencing court's methodology and conclusions," wrote Justice Rivera-Soto.

Justices Long, Wallace, and Albin dissented.