Posted on 04/12/2002 4:56:16 PM PDT by Principle Over Politics
In 1987, Mark Samples was a hero, honored by the Navy for life-saving bravery aboard the U.S.S. Stark after it was hit by Iraqi missiles.
Fourteen years later, court papers say, Samples robbed a Minnesota credit union of nearly $70,000, made his getaway on a bicycle, then spent hours huddled in the Mississippi River, feeling suicidal.
His attorney blames post-traumatic stress and depression for Samples' downward spiral, but a plea agreement fell apart Friday over whether the judge could show the former Navy hero some leniency.
Defense attorney Robert Richman contends that last May's robbery of the Red Wing Credit Union was an "irrational moment" for Samples, 38, who lived across the river in Hager City, Wis.
"The acts of heroism led to his post-trauamtic stress disorder which - when aggravated by drugs prescribed by doctors employed by the same government who is now prosecuting him - led to this bank robbery," Richman said.
Family members and friends, including the governor of Samples' home state of West Virginia, have sent letters asking for clemency.
"My cousin has already paid very dearly with his physical and mental health to this country. He has seen things I hope to never see and has had more pain than I ever hope to experience," wrote Julia A. Vande Linde of Dunbar, W.Va.
Samples, then 24, was aboard the Stark in the Persian Gulf on May 17, 1987, when the ship was struck by two Iraqi missiles in what Iraq said was a case of mistaken identity. Thirty-seven sailors were killed.
Samples moved several Stinger missiles from the path of spreading fires, then made his way below deck to try to rescue those trapped by the fire, according to court papers filed by his attorney. He fell and found himself lying among the bodies of dead crewmates, including that of his best friend. Samples later named his 2-year-old son, Christopher, after his friend.
For his actions, Samples was awarded the Navy and Marine Corps Medal, a peacetime award for heroism. He stayed with the Navy until April 1990, then transferred to the Navy Reserves. In 1994, during active reserve service, he hurt his back while moving boxes of ammunition.
Samples underwent back surgery in 1995, but it failed to relieve his back pain. Before his injury, Samples had been an outdoors enthusiast, climbing Mount Rainier and biking across country. He met his wife, Jennifer, during that bike trip. But after his injury, Samples became inactive and gained about 50 pounds.
According to his attorney, Samples became withdrawn and depressed and began to suffer from recurring nightmares about the Stark attack. He began to sleep alone in the basement. His wife saw him suffer flashbacks as he relived the attack.
In March 2000, Samples sought treatment at the Veterans Administration Medical Center in Minneapolis. He was placed on anti-depression medications. During a routine physical, he discovered he also suffered from Hepatitis C, which his attorney said he probably contracted while on active duty in 1986.
His attorney says Samples was prescribed interferon, a drug the defense contends can cause depression and suicidal feelings. "This was like throwing gasoline on a raging fire," Richman said in court papers.
Under the influence of interferon, the defense argues, Samples became suicidal and "irrationally" decided to rob a bank, thinking his wife and son could live on the money after he killed himself.
Authorities say Samples robbed the credit union where he was a regular customer. The bank was robbed last May 3 by a masked man wearing black skin diver's pants and a raincoat. The robber showed tellers a semiautomatic handgun, grabbed cash and fled on a mountain bike.
The robber fell, dropping most of the money and the gun, and was chased by a witness. Court papers say Samples managed to run away to the banks of the Mississipppi, where he had stashed scuba gear - Samples underwent Navy SEAL training after the attack but dropped out - and then spent eight hours in the river. He thought about killing himself but thought about his son, then climbed out of the water and drove to the VA Medical Center in Minneapolis.
Samples was eventually linked to the robbery by a gun he had purchased. After denying the robbery, Samples eventually confessed and pleaded guilty to bank robbery under a plea agreement last August.
U.S. District Judge Donovan Frank was ready to accept the plea agreement and sentence Samples on Friday, but the defense wanted the judge to be able to consider Samples' military record and his mental state.
Under the failed plea agreement, Samples faced between five and six-and-a-half years in prison for bank robbery. The defense wanted the judge to have the discretion to impose a lesser sentence.
Now, Richman said, Samples will plead innocent. But going to trial will put Samples at risk of a longer sentence.
Because Samples has withdrawn his plea, he now faces an indictment accusing him of using a firearm in a violent crime, Assistant U.S. Attorney Richard Newberry said. A conviction on that count would add an automatic five to seven years to any sentence for a bank robbery conviction.
A trial date wasn't immediately scheduled.
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