FORT SMITH -- A homeless man, who pleaded guilty in federal court Tuesday to bank robbery, is being charged in state court with aggravated robbery.
That state court charge has resulted in revocation of his suspended 48-year prison sentence stemming from three earlier convictions, meaning he now must serve those 48 years.
David James Howell, 48, pleaded guilty in U.S. District Court to robbing a Bancorp South branch at 3117 Grand Ave. in Fort Smith about 11 a.m. May 2. Howell will be sentenced after completion of a federal court presentence report, which can take months to complete.
Howell also was charged in Sebastian County Circuit Court with aggravated robbery in the bank holdup.
The aggravated robbery charge prompted the prosecuting attorney's office to file a petition shortly after Howell's arrest to revoke suspended sentences on three previous felony convictions. The petition said the bank robbery violated the condition of the suspended sentences.
The felony convictions were for a 2008 charge that he failed to register as a sex offender, a 2010 robbery charge and a 2011 theft charge.
Howell pleaded no contest to the petition July 19, according to circuit court records. He was sentenced to eight years in prison on the sex-offender registration offense, 20 years for the robbery and 20 years for the theft. According to Howell's plea agreement with the state, the sentences will be served consecutively, or one after the other.
Howell's plea agreement with the U.S. attorney's office said Howell went into the bank, told the bank teller to give him money and suggested that he had a gun, which made the teller fear for her life.
'"Don't make me use this gun here,'" Howell told the teller as he placed his hand in his pocket, the plea agreement said.
Police armed with a description of the robber spotted Howell about 90 minutes later sitting on a bench outside a restaurant on Rogers Avenue, according to the plea agreement.
The plea agreement said the teller handed Howell about $5,000, but police found $2,893 in his backpack. Howell confessed to the robbery, police said.
State Desk on 08/08/2018