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Joshua Samuel Rich could have pleaded guilty and spent 32 years in prison for robbing the same Lindon bank three times, but he rejected a plea deal and chose to go to trial instead. The gamble did not pay off, and on Wednesday, Rich was sentenced to 57 years in federal prison.
The length of Rich's sentence was due to a 1994 congressional decree ordering harsh penalties for people convicted of brandishing firearms during bank robberies. For a first offense, the mandatory minimum sentence is seven years behind bars. For each subsequent offense, the sentence is 25.
Rich was convicted of three counts of bank robbery and three counts of brandishing a firearm during a bank robbery.
U.S. District Judge Dee Benson handed down the lengthy sentence while strongly criticizing the law that required him to do so. Years ago when he sentenced another defendant in a similar case to 55 years, Benson said he did not know what Congress was thinking when it enacted the minimum mandatory sentencing law. On Wednesday, eight years later, he reiterated his objection.
"I think we are a great society. We have a system of laws that I think should be honored and should be a matter of pride for all Americans," Benson said. "But I do think that this sentence, this sentencing scheme, is too harsh, and I think Congress ought to do something about it.
"It's not my job to make the law, but I do wonder."
Rich's attorney wondered as well. Robin Ljungberg had filed an objection to the sentencing guidelines that effectively mandate a life sentence for his 26-year-old client, but acknowledged that numerous arguments against the law had been made and rejected in both the U.S. 10th Circuit Court of Appeals and the U.S. Supreme Court.
Ljungberg said it is strange for a defense attorney to ask for a 57-year sentence, but did exactly that on Wednesday, arguing that anything more would be excessively harsh. The U.S. Attorney's Office appeared to agree, recommending that Benson give Rich the 57 years in prison for three counts of brandishing a firearm during a bank robbery, but not tack on additional years for the three underlying bank robbery charges.
"There wasn't really a sentencing hearing because the sentence had already been figured out by statute," Ljungberg said after the hearing. "They basically sentenced from Washington, and I believe that's what the judge was objecting to."
Prosecutor Carlos Esqueda told Benson he believed Rich's actions warranted such a severe sentence.
"We enforce the laws. We abide by the laws. Mr. Rich was treated as others have been treated under the [statute]. That's something Congress has decided is appropriate for these types of offenses, and we're here to prosecute those cases," the assistant U.S. attorney said after the hearing.
Ljungberg read an apology letter from Rich at the hearing in which the Lehi man apologized for his actions, which he said were motivated by heroin addiction. The letter urged people to get help for anyone they know who is addicted to heroin.
"I know my actions have caused grief and embarrassment to a lot of people," Rich's letter read. "Heroin addictions destroy the lives of the users and everyone who comes into their path."
Rich also spoke briefly to the court. "I'd just like to express my regrets."
At least one person wore a T-shirt in the courtroom with the slogan "Free Josh" printed on the front, and a relative yelled, "We love you, Josh," as Rich was led out of the courtroom after the sentencing.
Benson said he believes that some people have the potential to reform their lives.
The judge said he was not trying to minimize the severity of Rich's crimes or the terror the bank tellers and other victims must have felt when he stuck a gun in their faces, but Benson believed Rich has the potential to reform and mature.
"I think the potential's there. Unfortunately, with this sentence, you'll never get a chance to prove it," Benson said. "I wish you good luck, Mr. Rich."
With time off for good behavior, Rich would be 75 years old at the time of his earliest possible release. Rich was convicted of robbing the Wells Fargo bank branch in Lindon three times between November 2006 and January 2007.
Police said he used the money to pay for a wedding, a honeymoon, two vacations and drugs.
His wife, Kylee, was sentenced to 15 months in prison for assisting his getaway during the third robbery. The couple has since divorced.
Another defendant, Roland Thompson, pleaded guilty to taking part in the first two robberies and testified against Rich at his trial.
Rich could have gotten 32 years in prison under a deal in which he would have pleaded guilty to just two counts of brandishing a firearm during a bank robbery. But there were questions over whether he used a real gun or a pellet gun in the first two robberies, Ljungberg said, so Rich chose to go to trial.
Cindy Cutler, Kylee Rich's mother, attended the hearing. Afterward, she said her entire family had participated in a taping of the "Dr. Phil" show. The episode has not aired, she said, but in exchange for participating in the show, Dr. Phil's producers agreed to pay for drug addiction treatment for Kylee once she is released from prison.
• Jeremy Duda can be reached at 344-2561 or
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