A decades-long prison sentence for a convicted bank robber is in limbo after a state Appeals Court vacated some of his convictions for the 1997 botched Vancouver bank robbery that ended in a deadly shootout with police.
Ronald Jay Bianchi was sentenced to 72 years in prison for his part in the October 1997 robbery that left two of his accomplices dead. However, with credit for some time served and time off for good behavior, Bianchi is actually serving about 60 years.
Bianchi, then 26, pleaded guilty in May 1998 to 13 counts in connection with the robbery at the former Seafirst Bank branch on East Mill Plain Boulevard. He pleaded guilty to prevent his wife — originally charged as an accomplice — from going to prison and state workers from taking their infant daughter.
Among his convictions are three counts of attempted first-degree felony murder for shooting at three law enforcement officers during a high-speed chase. Bianchi’s two other alleged accomplices, Aaron Lee Ahern, 25, and Michael Judson Brock, 24, were killed in the exchange of gunfire.
On the day of the robbery, the trio set off a pipe bomb as a diversion behind the Kmart on Andresen Road. They then entered the bank about 2 miles way armed with guns, wearing trench coats and ski masks, and stole several thousand dollars.
Bianchi drove their stolen getaway car, which was spotted by a Clark County sheriff’s sergeant who gave chase. Ahern and Brock fired at the officer out of the car windows and tossed a grenade at another pursuing Vancouver police cruiser, but it didn’t go off.
Bianchi crashed the car on Blandford Drive and a gun battle ensued. Bianchi, who later claimed that he tried to surrender, escaped into a wooded ravine. He was captured a short time later near Fort Vancouver High School.
In his post-appeal petition, Bianchi seeks relief for all of his guilty pleas — three counts of first-degree robbery, two counts of second-degree assault, three counts of attempted first-degree felony murder, one count of attempting to elude, three counts of first-degree possession of stolen property and one count of second-degree malicious explosion.
An appeals court granted Bianchi’s petition, which he filed without counsel, and vacated his three convictions for attempted first-degree felony murder.
Bianchi argued that his convictions and sentence are invalid as to the attempted felony murder counts because the crime doesn’t exist in Washington, despite the fact some prosecutors chose to charge it. He sought to vacate those convictions and be resentenced on the remaining 10 counts.
The prosecution agreed with Bianchi on the three counts so he is entitled to have those convictions vacated.
Clark County Senior Deputy Prosecutor Anne Cruser explained in a phone interview that a defendant commits felony murder, regardless of intent, if it’s during the commission of a felony crime, such as a bank robbery. However, it’s impossible to attempt something that’s unintentional. The issue of attempted felony murder was first addressed by an appellate court in 2008, which laid the groundwork for Bianchi’s petition.
In its response to Bianchi’s petition, the prosecution argued that by vacating those convictions, it should not be prevented from filing amended charges for three counts of attempted first-degree murder. Cruser said it’s the correct charge in this case because Bianchi’s intent was clear.
Bianchi argued his guilty pleas were part of an indivisible agreement, and the prosecution shouldn’t be allowed to file new charges. And if so granted, he should be able to withdraw his guilty pleas to all 13 counts.
The appeals court ruled that the remedy for an invalid plea agreement is to let both sides “start over.” The prosecution will be allowed to file any charges for which the statute of limitation hasn’t run out. And Bianchi is entitled to withdraw his guilty pleas to all of the counts.
“We are absolutely prepared to retry him. We have already assigned the case to a deputy (prosecutor),” Cruser said.
If Bianchi were to be found guilty on the amended counts, he could receive a longer prison sentence than his current one.
The appeals court appointed Bianchi counsel to help him decide if he still wants to go forward with his petition. He has 90 days to decide or else the court’s decision stands.
