Author: District Attorney
Date:
8/25/2022 4:35:34 PM
District Attorney Dan Dow introduced immediately that on August 16, 2022, a San Luis Obispo County jury discovered Andrew William Gilbertson (47) responsible of Attempted Robbery, a violent offense. Gilbertson was beforehand convicted of arson and financial institution theft that may result in a ”Three-Strikes” sentence in this case.
During the August trial, jurors heard proof that on September 1, 2021, Andrew William Gilbertson (DOB 10/31/1974) entered the Chase Bank in Paso Robles the place he tried to change cash that was moist and soiled. When Gilbertson was instructed {that a} financial institution coverage prohibited exchanging the cash based mostly on the situation of the payments, he then handed a notice that had been written on a Chase Bank envelope which learn, “Give me all the money.”
Gilbertson additionally made a risk to the financial institution teller that he had a gun and confirmed the teller what she described to be the barrel of a gun pointed towards her that had been within one among his luggage. The jury additionally heard proof that Gilbertson had been beforehand convicted of financial institution theft after he robbed a Bank of America in San Luis Obispo in 2013 utilizing an identical notice.
“Here in San Luis Obispo County, we will use every legal means to hold repeat violent offenders accountable to the maximum extent we can under California Law,” stated District Attorney Dan Dow. “When California’s Three Strikes sentencing law is followed and imposed, like it is here, it sends a strong message to other would-be violent criminals to think twice or perhaps choose another county in which to commit their crime.”
Rather than have the jury make findings relating to Gilbertson’s prior convictions for arson and financial institution theft, a courtroom trial on these issues was held immediately. The Honorable Judge Timothy S. Covello made findings that Gilbertson had been convicted in 2015 for second-degree theft and in 2021 for arson, and that seven elements in aggravation had been true. These findings can be used on the sentencing listening to to find out the suitable lawful sentence.
The findings included: (1) that the present crime concerned risk of nice bodily hurt and different acts disclosing a excessive diploma of cruelty, viciousness and callousness, (2) that defendant was armed with or used a weapon on the time of the fee of the crime, (3) that defendant has engaged in violent conduct that signifies a severe hazard to society, (4) that defendant’s prior convictions as an grownup are quite a few and of accelerating seriousness, (5) that defendant has served a previous time period in jail, (6) that defendant was on probation, obligatory supervision, or parole when the crime was dedicated, and (7) that the defendant’s prior efficiency on probation, put up launch group supervision and parole was unsatisfactory.
Gilbertson faces a most sentence of 35 years to life in jail due to his felony historical past underneath California’s Three Strikes sentencing law.
A sentencing listening to is scheduled for October 27, 2022 in Department 7 of the San Luis Obispo County Superior Court. He stays in custody on the San Luis Obispo County Jail.
The case was investigated by the Paso Robles Police Department with the help of the District Attorney’s Bureau of Investigation and was prosecuted by Deputy District Attorney Kristin Barnard.
Click right here to view a replica of the charging doc. Click right here to view a replica of the defendant’s photograph.
Please contact Assistant District Attorney Eric J. Dobroth at 805.781.5819 with any questions.
# # #