Home Cleveland Press Releases 2011 Cleveland Man Indicted in Connection with Armed Robbery
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Cleveland Man Indicted in Connection with Armed Robbery

U.S. Attorney’s Office January 06, 2011
  • Northern District of Ohio (216) 622-3600

Marvin Smith, age 26, of Cleveland, Ohio, was indicted on charges of interfering with commerce by robbery and carrying and brandishing a firearm during and in relation to a crime of violence, Steven M. Dettelbach, United States Attorney for the Northern District of Ohio, announced today.

The charges arise out of the robbery of Donato’s Pizzeria in Solon, Ohio on May 23, 2010. Smith is charged with entering Donato’s, pointing a firearm at the employees, and demanding money.

Two other defendants, Tony A. Bankhead and Brittney E. Burks, were also previously charged in connection with the same robbery, and have already pled guilty in federal court. Bankhead and Burks are awaiting sentencing.

The indictment of Smith results from an investigation conducted by the Solon Police Department in coordination with the Cleveland-Cuyahoga Violent Crimes Task Force, the Federal Bureau of Investigation, and the Bedford Police Department.

The prosecution is being conducted with the assistance and cooperation of the Cuyahoga County Prosecutor’s Office. The case is being prosecuted by Assistant United States Attorney Matthew W. Shepherd and Special Assistant United States Attorney Brett Kyker.

If convicted, the defendant’s sentence will be determined by the court after review of factors unique to this case, including the defendant’s prior criminal record, if any, the defendant’s role in the offense and the characteristics of the violation. In all cases, the sentence will not exceed the statutory maximum and in most cases it will be less than the maximum.

An indictment is only a charge and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

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