Man accused in robbery withdraws his guilty plea

A U.S. District Court judge allowed an alleged Utah County bank robber to withdraw his guilty plea Thursday.

Judge Dee Benson allowed the withdrawal after discussion concerning whether Joshua Rich, 26, knowingly and voluntarily entered his plea. The issue prompting the withdrawal was the handgun used in the first of three robberies. When Rich robbed the bank, he said he believed the handgun he held was a firearm, a .22 caliber handgun.

One of Rich's accomplices, Roland Thompson, gave Rich the gun and initially told police it was an air-soft pistol rather than a firearm. He later changed his story, saying the gun was, in fact, a firearm.

Rich made a deal with the prosecution, pleading guilty in return for a dismissal of one of the robbery charges. With one charge dropped, Rich faced only 32 years in prison instead of the 57 he faced with all three charges.

Air-soft guns are considered a dangerous weapon, but not a firearm. Therefore, if the gun in question was an air-soft gun, the prison sentence would be less severe. Police did not recover the gun in question, which was used in the first two robberies — once by Rich and once by Thompson.

Benson allowed the retraction of the plea because he believed Rich did not know whether the gun he used in the first robbery was actually a firearm.

Before allowing the withdrawal, Benson reminded Rich he would face the full 57 years in prison if the plea was withdrawn and asked if he wanted a night to think it over. Rich replied that he had plenty of time to think about it and he wanted to withdraw the plea.

The prosecution now has to bring the other two defendants, Thompson and Rich's wife, Kylee, out of the prison system to question them. Thompson and Kylee Rich already have been sentenced.

Rich's attorney and the prosecution have until Thanksgiving to report to the court when they will be ready for another court appearance.

Rich, Thompson and Kylee Rich were charged with robbing a Lindon-area bank three times. The couple became known by local law enforcement as Utah County's "Bonnie and Clyde." They had recently gotten married and used the money from the robberies to pay for a Las Vegas honeymoon and buy heroin, according to police.

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E-mail: csmith@desnews.com