Armed robbery trial date set

Lawyer asks evidence be thrown out

An Avery, Texas, man accused of committing a spree of armed robberies across several Texas counties in November 2015 is scheduled for a jury trial next month before a federal judge in Texarkana.

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AP

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Bobby Wayne Lance, 50, has been in custody since he was arrested in Red River County by members of the Bowie County Sheriff's Office working with the Red River County Sheriff's Office and FBI.

Investigators with the Bowie County Sheriff's Office identified him as the suspect in the armed robbery Nov. 14, 2015, of Carter's Store and RV Park in DeKalb, Texas. A federal indictment handed down Dec. 16, 2015, in the Texarkana Division of the Eastern District of Texas accuses Lance of the Nov. 8, 2015, robbery of the Cinemark Movies 8 in Paris, Texas, in Lamar County, the Nov. 17, 2015, armed robbery of the First National Bank of Mount Vernon and a Nov. 17, 2015, armed carjacking of a Ford F-150 pickup.

Lance allegedly left the bank with more than $73,000. The cash and a gun allegedly used in the robberies were reportedly found during a search of his home in November 2015. Counts one, three, five and six of Lance's indictment allege robbery. Counts two, four, seven and eight of Lance's indictment allege carrying and possession of firearms and ammunition during and in furtherance of a violent crime.

Texarkana lawyer Jeff Harrelson recently filed a motion to sever the counts in Lance's indictment by the offense dates. The motion argues that if all of the alleged crimes are introduced in one trial, Lance will be prejudiced. The motion also argues that trying Lance on all counts in a single trial "infringes" upon his Fifth Amendment right, "as a defendant's decision to testify may change as to different allegations."

Harrelson has also filed a motion to suppress witness identifications of Lance. The motion argues that witnesses were exposed to Lance's photo through the media outlets, which received his image from law enforcement. Harrelson argues the witnesses' exposure to Lance's photo has created an irreparable likelihood that he could be misidentified by a witness at trial who simply recognizes him from a newspaper or television report.

Harrelson is also asking the court to throw out evidence collected during a search of Lance's home in Red River County. The motion argues that the search warrant allowed investigators to collect evidence of the Bowie County robbery of Carter's Store but not evidence related to the bank robbery in Franklin County. The motion argues that officers went beyond what the search warrant permitted when they collected evidence of the bank robbery.

The government recently filed a motion asking for the defense to disclose the names of any alibi witnesses the defense intends to call at trial who may testify that Lance was with them at the time of any of the robberies.

The defense and prosecution motions are likely to be addressed Feb. 7 at a pretrial hearing before U.S. District Judge Robert Schroeder III in Texarkana's downtown federal building. Jury selection is scheduled for Feb. 27.

Lance faces up to 20 years in federal prison, a fine up to $250,000 or both on counts one, three and five, which allege robberies. If convicted of counts two, four, seven and eight, which allege carrying a firearm in furtherance of a violent crime, Lance faces a minimum of five years on each count, which must be served consecutively to any other term imposed. If the firearm is brandished, as Lance is alleged to have done, the minimum term rises to seven years.

Count six, which alleges carjacking, is punishable by up to 15 years in federal prison, a fine up to $250,000 or both. Lance remains in federal custody.

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