United States v. Timothy S. Jocic

207 F.3d 889, 2000 U.S. App. LEXIS 4374, 2000 WL 295215
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 22, 2000
Docket99-2713
StatusPublished
Cited by24 cases

This text of 207 F.3d 889 (United States v. Timothy S. Jocic) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Timothy S. Jocic, 207 F.3d 889, 2000 U.S. App. LEXIS 4374, 2000 WL 295215 (7th Cir. 2000).

Opinion

BAUER, Circuit Judge.

Timothy Jocic is appealing his conviction for armed bank robbery in violation of 18 U.S.C. § 2113(a), for which he was sentenced to 66 months’ imprisonment and five years’ supervised release. Jocic argues only that he was coerced into driving the getaway car for the robbery and that the government failed to bear its burden of showing that he was acting voluntarily.

Around 1:30 p.m. on September 15,1998, Michael Bradach entered an NBD Bank in Bloomington, Indiana, and, armed with a nine millimeter handgun, robbed two tellers of approximately $23,000. The teller supervisor who testified at the trial estimated that Bradach was in the bank for two to three minutes. Upon leaving the bank, Bradach entered the passenger side of his black Jeep Cherokee, which was being driven by Jocic. The jeep was backed into a parking space facing an alley about 115 feet from the doors of the bank and 55 feet from the doors of A.G. Edwards, an investment company located across the alley from the bank. Once Bra-dach got in, the jeep immediately took off through the alley.

As the holdup began, a customer waiting in the drive-through banking line observed the people inside the bank put their hands in the air. The customer said it took him fifteen to thirty seconds to react, but then he drove next door to A.G. Edwards, parked his car, entered the offices, and directed the people there to call the police. After an employee called the police, the drive-through customer walked outside and saw the robber leave the bank. The customer observed that the driver of the jeep was wearing a hat or hood and dark glasses.

A number of A.G. Edwards employees also watched the robber leave the bank. One was talking to the 911 operator on her cell phone as she observed the robber cross the parking lot. Another watched the robber cross the parking lot and enter the front passenger door of the jeep, whose engine he heard running prior to the robber’s arrival. This witness also heard the driver of the jeep, wearing a hooded sweatshirt pulled down around his face, tell the robber to “hurry up.” Another bank customer waiting in her car nearby heard the jeep’s driver tell the robber to “get in.”

Phil Bryan, a Bloomington Police officer responding to the 911 calls, observed two males in a black jeep driving by the NBD Bank. Bryan drove his marked police car up behind the jeep and turned on his lights and sirens. The jeep did not stop, but instead raced off, reaching speeds of 50 miles per hour in a 30 mile per hour zone and ignoring stop signs and traffic lights. After other marked police cars joined in the pursuit, the jeep was forced to make a sharp turn at a T-intersection. The jeep failed to negotiate the turn and slid into the curb.

Both front doors opened and the driver and passenger fled the jeep simultaneously, running in opposite directions. The passenger, Bradach, carrying a handgun, ran north for a distance of about 50 feet. Bryan stopped his car and pursued him on foot. Confronted by police and ordered to drop the firearm, Bradach put the weapon in his mouth and fatally shot himself. Meanwhile the driver, Jocic, ran west on a sidewalk bordered by a chain link fence on one side and the street on the other. A second Bloomington police officer, Sgt. Mark Crouch, had been following Bryan in another marked police car. Crouch turned on his lights and sirens and drove two wheels of the car up on to the sidewalk alongside where Jocic was running. Jocic looked back at Crouch, but continued to run. Crouch then pinned Jocic against the fence with the left front fender of his patrol car, knocking Jocic up over the hood and onto the ground. There were approximately 65 yards between the abandoned jeep and the point where Crouch stopped Jocic. As Crouch then took Jocic into custody, he observed that Jocic was wear *891 ing a hooded sweatshirt tied fairly tight around his face and a pair of sunglasses. The police recovered $23,000 in cash from the jeep, including the “bait” money from the NBD Bank, and a clip of nine millimeter ammunition from a pocket in the front passenger side door.

Within fifteen minutes after his arrest, Jocic gave a taped statement to the Bloom-ington police and the FBI at the Blooming-ton Police Department. Both the videotape and transcript of his statement were admitted at trial. After being given his Miranda rights and waiving them, Jocic stated that he was from Crown Point, Indiana, and was a junior at Indiana University. Then, before the interview proceeded beyond personal information, Jocic asked if Bradach was dead and the officers responded that he was. Jocic then stated that he and Bradach had graduated from separate high schools in the same year and did not become acquainted until a mutual friend introduced them about two months prior to the bank robbery. During that time Jocic and Bradach socialized on occasion.

According to Jocic, on the morning of the robbery, Bradach called him between 10 and 11 in the morning and asked to come over to Jocic’s home. Jocic agreed, but told Bradach he had to go to class at 11:15. When Bradach arrived at 11:25, he was dressed all in black and was carrying a backpack from which he pulled a nine millimeter handgun. Bradach had reserved a flight for 5:40 that evening to visit a girlfriend in South Carolina, but he did not have the money to pay for the trip. He told Jocic he needed his help to get the money to go to South Carolina, then pointed the gun at him and said “You’re my driver” and “I just need ten minutes of your time.” Bradach repeated that he needed some money, and talked of robbing a bank, a convenience store, or a gas station. Jocic was shocked by Bradach’s behavior and did not know whether Bradach was joking or not.

Prior to leaving Jocic’s house, Bradach permitted Jocic to call and cancel a counseling appointment, and, since Jocic had just woken up, Bradach allowed him to get dressed. Jocic then left his house with Bradach because he was afraid “he was gonna shoot me if I said no.” When they got to Bradach’s jeep, Bradach drove and Jocic rode in the passenger seat. Bradach eventually asked Jocic if he knew where there was a “good bank,” and Jocic replied that the NBD Bank where he had an account was nearby. They arrived at the bank and Bradach circled around it once, then pulled the jeep into a parking space facing the alley. Bradach placed the gun in his lap pointed at Jocic as he put on a pair of plastic gloves. He had two clips for the gun, one of which he handed to Jocic and told him to place it in his side of the passenger door. Jocic did as he was instructed. Finally, Bradach put on a black hat and told Jocic “I’m goin’” and “You better be in the driver’s seat when I get back.” Bradach added “I don’t care,” “I’ll kill anyone” and “If anyone steps up, they’re goin’ down.” Then Bradach exited the jeep, carrying his backpack and the gun. It seemed to Jocic that the time Bradach was gone was “quick.”

When Bradach returned, he jumped in the passenger side of the jeep, and said “I got a bag of money” and “Go, go, go, go.” Bradach was still carrying the gun. As soon as Jocic drove the jeep out of the parking lot, he saw a police car head toward them, then execute a U-turn and begin to chase them. Bradach kept saying “Go, go, go, go” and Jocic did not know what to do.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

United States v. Marjory Dingwall
6 F.4th 744 (Seventh Circuit, 2021)
United States v. Saliou Mbaye
Seventh Circuit, 2016
United States v. Mbaye
827 F.3d 617 (Seventh Circuit, 2016)
United States v. Sergeant First Class MICHAEL W. PLEASANT, JR.
71 M.J. 709 (Army Court of Criminal Appeals, 2012)
United States v. Scott Lewis
641 F.3d 773 (Seventh Circuit, 2011)
LEADER TECHNOLOGIES, INC. v. Facebook, Inc.
770 F. Supp. 2d 686 (D. Delaware, 2011)
United States v. Terri Sawyer
Seventh Circuit, 2009
United States v. Sawyer
558 F.3d 705 (Seventh Circuit, 2009)
United States v. Riley
493 F.3d 803 (Seventh Circuit, 2007)
Alexander, Jovan v. United States
219 F. App'x 520 (Seventh Circuit, 2007)
United States v. Urban
404 F.3d 754 (Third Circuit, 2005)
United States v. Hemphill
86 F. App'x 985 (Seventh Circuit, 2004)
United States v. Pablo Ochoa, Jr.
229 F.3d 631 (Seventh Circuit, 2000)
United States v. Chauncy J. Clark
227 F.3d 771 (Seventh Circuit, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
207 F.3d 889, 2000 U.S. App. LEXIS 4374, 2000 WL 295215, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-timothy-s-jocic-ca7-2000.