FOR IMMEDIATE RELEASE:
THURSDAY - April 3, 2008
HALFWAY HOUSE ESCAPEES INDICTED FOR BANK ROBBERY
RALEIGH - United States Attorney George E.B. Holding announced that yesterday a federal Grand Jury returned a six-count Criminal Indictment on DERRICK LAMONT MASSENBURG, 24, of Raleigh, North Carolina, and CHARLES DAVID CAIN, 41, also of Raleigh, North Carolina. Both MASSENBURG and CAIN have been charged with conspiracy to commit armed bank robbery, in violation of Title 18, United States Code, Section 371; armed bank robbery and aiding and abetting, in violation of Title 18, United States Code, Sections 2113(a) and (d) and 2; carrying of a firearm in furtherance of a crime of violence, in violation of Title 18, United States Code, Section 924(c)(1)(A); and escape, in violation of Title 18, United States Code, Section 751. CAIN was additionally charged with being a convicted felon in possession of ammunition, in violation of Title 18, United States Code, Section 922(g)(1).
The Indictment alleges that on December 10, 2007 MASSENBURG and CAIN escaped from the federal halfway house known as Cavalcorp Community Sanction Center in Raleigh, North Carolina. Donning disguises and brandishing a handgun, they entered the RBC Centura Bank in Clayton, North Carolina, and fled with over $4,400.
Mr. Holding said, “Bank robberies continue to be a serious crime facing our community. These crimes, particularly when they involve armed criminals, pose a real threat to the average citizen as they go about their daily business. I am even more concerned when I learn of a defendant completing a federal sentence for a previous crime and who has been released to a halfway house as part of the reintroduction into law abiding society who would perform such illegal acts. My office tends to aggressively prosecute cases such as these.”
If convicted the maximum penalties MASSENBURG and CAIN face for the charge of conspiracy to commit armed robbery is not more than 5 years imprisonment, a fine of $250,000 or both, and supervised release of 3 years following his prison term; for armed bank robbery and aiding and abetting, not more than 25 years imprisonment, a $250,000 fine or both, and 5 years supervised release; for escape, not more than 5 years imprisonment, a $250,000 fine or both, and 3 years supervised release; and for use of a firearm during a crime of violence, not less than 7 years, consecutive to any sentence for armed bank robbery, a $250,000 fine or both, and 5 years supervised release. If the criminal histories of MASSENBURG and CAIN subject them to sentence enhancement under to Title 18, United States Code, Section 924(c)(1)(C), imprisonment increases to not less than 25 years with a maximum of life imprisonment.
If convicted of being a felon in possession of ammunition, CAIN faces the maximum penalty of not more than 10 years imprisonment, a $250,000 fine or both, and 3 years supervised release. If deemed an Armed Career Criminal, CAIN’s sentence could be enhanced to not less that 15 years and a maximum of life imprisonment and supervised release of not more than 5 years.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed innocent until and unless proven guilty in court.
Investigation of the case was conducted by the Federal Bureau of Investigation; United States Marshals Service; the Bureau of Alcohol, Tobacco, Firearms and Explosives; and the Clayton Police Department. Assistant United States Attorney William Gilmore is serving as prosecutor for the government.
News releases are available on the U. S. Attorney’s web page at www.usdoj.gov/usao/nce within 48 hours of release.