TEXARKANA -- A Texarkana man who shot at police after robbing a bank in April was sentenced this week to more than 14 years in federal prison.
Dixon Kelley III, 43, appeared before U.S. District Judge Robert Schroeder III for sentencing with Texarkana lawyer Craig Henry. Kelley pleaded guilty in August to armed bank robbery and to carrying a firearm in furtherance of a crime of violence.
Kelley had no previous criminal history.
Henry said Kelley committed the robbery because of crippling financial problems and that when cornered by police, Kelley attempted to "commit suicide by cop," by shooting at Texarkana, Texas, officer Jeremy Courtney.
Assistant U.S. Attorney Jonathan Ross said Courtney, who is designated by his department as a sharpshooter, exercised "exemplary restraint" when he did not return Kelley's fire.
Henry requested that Kelley receive a sentence of less than what federal guidelines recommend. He asked Schroeder to consider Kelley's lack of criminal history and the strong support Kelley has from family and friends. Ross countered that while Kelley doesn't have a long pattern of criminal conduct, the court should not overlook the seriousness of the armed bank robbery and Kelley's attempt to shoot police officers.
"I sort of second what Mr. Ross said. It is a sad day. It's a sad day for you, for your family members here in court," Schroeder said.
"This is a serious crime. A violent crime. You wore gloves and a mask, and you carried a dangerous gun. You pointed a firearm at a teller," Schroeder said. "You fired at police and attempted to fire again but it malfunctioned."
Schroeder sentenced Kelley to 177 months in federal prison. Federal law requires a minimum 10-year term if a firearm is discharged during a crime of violence, and mandates that the sentence run consecutively to the sentence on the underlying offense. Kelley was sentenced to 57 months for armed bank robbery and 120 months for carrying a firearm in furtherance of a crime of violence. The terms will run consecutively.
Kelley wore a black mask, a black hoodie, black gloves and black pants when he entered the Bank of the Ozarks branch on Richmond Road in Texarkana, Texas, at 9:05 a.m. April 5, according to court records. Kelley pointed an orange Lorcin 9mm semi-automatic pistol at tellers who handed over $5,246.
Kelley sped away in his black Dodge Charger but was quickly spotted by Texarkana, Texas, police. An ensuing car chase ended when Kelley got the Charger stuck in mud at the dead end of County Road 2301 in Bowie County, Texas, near the Red River. Instead of immediately surrendering, Kelley took aim and fired, striking and disabling Courtney's patrol car.
When Kelley's gun jammed and he was unable to fix it, he ran through a field where he was taken into custody.
Police recovered all of the money stolen from the bank. Kelley will receive credit for the time he has spent in federal custody since his arrest and could accrue good time credit toward his sentence at the rate of 54 days per year. There is no parole from federal prison.
State Desk on 12/16/2017