Collar Bomb Bank Robber Gets 45 Years

Pa. Man Took Part In Plot That Turned Deadly When Bomb Around Neck Of Pizza Deliveryman Exploded

(CBS/AP)  A man who took part in a bizarre bank robbery plot that turned deadly when a bomb affixed to the neck of a pizza deliveryman exploded was sentenced to 45 years in federal prison Wednesday.

Kenneth Barnes was "intimately involved" in the plot and not just a minor player, U.S. District Judge Sean McLaughlin said. Barnes suggested bomb parts, provided magazine articles about bomb making and was present when the bomb was put on Brian Wells before he robbed a bank in 2003, McLaughlin said.

Barnes, 55, of Erie, apologized to Wells' family before the sentence was imposed.

"What happened to him was something that wasn't supposed to happen," Barnes said.

Barnes had pleaded guilty in September to using a destructive device during a crime of violence and conspiracy to commit bank robbery. The prison term was beyond the 30-year mandatory minimum. Barnes had maintained his innocence until prosecutors offered to drop a charge of armed bank robbery, which carried with it a potential life sentence, reports CBS station WSEE in Erie.

Prosecutors have concluded that Wells initially was an active member in the scheme, but was coerced as the plot unfolded. When he realized the bomb was real, he refused to put it on and did so only after being threatened with a gun, prosecutors have said.

Wells' family, however, continues to assert that he was an innocent victim who had no role in planning the robbery.

His sister Jean Heid said in court Wednesday that he was "forced to play the role of the bomb hostage in an evil, sadistic, barbaric plot Ken Barnes and others premeditated, planned and executed that sunny day." Barnes, wearing an orange prison uniform, rocked back and forth in his seat gently as she spoke.

Heid said her family is angry not only that authorities implicated Wells in the plot, but that prosecutors have filed no murder charges for his death.

The investigation into the convoluted scheme began when Wells, 46, walked into a PNC Bank branch on the outskirts of Erie on Aug. 28, 2003, with a pipe bomb locked onto his neck. He presented a teller with a note demanding money and walked away with about $8,700.

Wells was cornered by police a short time later and told officers the bomb had been put on his neck at gunpoint. It exploded, killing him, as officers waited for a bomb squad to arrive.

U.S. Attorney Mary Beth Buchanan called Barnes' sentence "appropriate and just." She also reiterated prosecutors' conclusion that Wells was involved in the plot, saying his family's contentions "are overwhelmingly contradicted by the evidence."

"While he may have been unwilling in the final act, when the collar was forcibly attached to his neck, he continued forth with the robbery," threatening the safety of bank tellers, customers and others, Buchanan said.

The plot's alleged mastermind, Marjorie Diehl-Armstrong, 59, is awaiting an exam to determine if she is mentally competent to stand trial.

Barnes has agreed to testify against her. Barnes' attorney, Alison Scarpitti, said the long sentence was expected, though she hopes it may eventually be reduced because of his cooperation.

Prosecutors said Diehl-Armstrong was angry with her father about an inheritance dispute and wanted to rob a bank to raise money to pay Barnes to kill him. Barnes told investigators he was to get a $100,000 down payment and be paid $200,000 to kill her father.

Diehl-Armstrong is serving a seven- to 20-year prison sentence for killing her boyfriend, 45-year-old James Roden, to keep him silent about the bank robbery scheme. She pleaded guilty but mentally ill in that case.

An ex-boyfriend, William Rothstein, got timers from Diehl-Armstrong for the time bomb and called in a phony pizza order used to bring Wells to a secluded dead-end road, according the indictment. Rothstein has since died of cancer.

[rudy6543]

This whole situation angers me. The police are at fault as much as the perps. I still hold the police responsible for making the victim out to be part of the plot. Nothing indicates that this was the case at all and they helped the perps kill an innocent man.

[mrvolleyba11]

I agree, I read NOTHING in this that indicated Mr. Wells was involved other than being the unlucky person delivering the pizza.

Richard Jewel received millions after the FBI wrongly accused him and released it to the press for the Atlanta olympic bomb! sounds like the family of mr. Wells should do the same.

[incog-nito]

Something''s not quite right. If they were all in it together, why did they go to the trouble of building a real bomb when a fake one will do just fine?

[getoffmine1]

The police and the defendant had reason to say he was part of the plot. i don''t believe it. If I were going to take part in something like this there is no way I would let someone put a bomb on my neck.
The defendant gets charged with conspiracy and robbery ect, but not murder.
The police get off the hook for their negligence by making it look like the victim was part of the plot.
All of the cops that did nothing should at the least be fired.

[presjfk]

The average murderer spends only 8 years in jail. I hope this guy gets every day of his 45 year sentence. As for the sentence, is that what a man''s life life is worth when he is murdered, his killer only deserves 45 years? It should have been the death penalty and life at the very least.

[libsh8theusa]

Click click BOOM!!!!!!