December 6, 2000    Sunnyvale, California  Since 1994

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    Bank suspect has prior drug convictions

    Enters a felony advancement resolution during plea hearing

    By Daniel Hindin

    Cary Bennet Jones, the man suspected of committing two Sunnyvale bank robberies in two days in mid-November, has a lengthy list of prior drug-related convictions dating back to 1975 when he turned 18. Jones remains on court probation for two of his prior convictions from 1997 and 1998, both for possession of a hypodermic needle or syringe.

    In 1997, according to police reports, Sunnyvale police arrested Jones after finding him passed out in a gutter with a hypodermic needle, a kitchen spoon blackened on the bottom, and several small blue pills on his person. Jones' record shows he has a history with heroin.

    "His prior records won't make much of a difference in this case," Goodman says. "It's all just drug stuff," said his attorney Gary Goodman.

    Jones also has a long list of aliases, including Michael John Austin, Rick Larsen and Cary Bones. According to the court clerk the list spans two pages.

    Jones became a suspect in the two robberies after police found a practice note in the front seat of his car similar to the one that was handed to the bank teller earlier that day.

    Jones appeared in front of Judge Ronald T. Lisk at the Sunnyvale Municipal Court on the morning of Nov. 29, where he was scheduled to enter a plea on two counts of bank robbery and one count of parole violation. However, Goodman asked the court for a felony advanced resolution (FAR) instead of entering a plea. Judge Lisk granted the FAR for Dec. 18.

    "A FAR technically has to be agreed upon by all parties," explains prosecuting attorney Jamie Stringfield of the district attorney's office. "A FAR is the first opportunity for a felony defendant to talk to the DA, the judge and his probation officer. It's an early discussion in which you don't have to bring in witnesses or have a preliminary trial. The attending parties usually discuss the case and talk about plea bargains."

    "The discussions are off the record and in private," Goodman says. "It's very typical of more serious cases. More time can be spent on the case this way. An offer will be made by the DA and the judge.

    "I can't give an estimate of what the sentence may end up being because each case is different," Goodman continues. "Judge Lisk is phenomenal; he's an excellent judge who treats [everyone who comes before him] like an individual, not like a piece of meat."

    Regarding Jones' prosecution, Stringfield says, "In general, for a bank robbery, we're probably talking about state prison rather than county jail. A bank robber will most likely face a prison sentence because a bank robbery is considered a strike offense under the three-strike rule; when we talk about a prison sentence, that means anything over a year."

    Jones remains in custody with bail set at $100,000.



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