One of two participants in a November bank heist was sentenced Monday to up to four years in state prison, but also given youthful offender status.
Khalil T. Gilmore, who was 18 at the time of the robbery, was granted the special status by Judge Guido Loyola over the objections of prosecutors. The status removes the conviction from his public record.
Gilmore was one of two Utica-area men who were arrested in connection with a Nov. 17 robbery at the Key Bank branch on Eastern Parkway. Gilmore was arrested shortly afterward. A co-defendant, 49-year-old Calvin Stephon Moore, was arrested weeks later.
The robbery was unusual in that a bag Gilmore had been carrying and then discarded as police closed in had Moore’s birth certificate inside, leading authorities to him.
Gilmore was charged at the time with robbery. He later pleaded guilty to related counts.
Gilmore’s attorney, Sven Paul, argued for the youthful offender status, citing his client’s age, lack of criminal history and his cooperation. Paul also argued that his client was under the influence of the much-older co-defendant.
“We understand fully there needs to be consequences for my client’s conduct regardless of the mitigation brought to the court’s attention,” Paul told Loyola.
Paul said youthful offender status and the clean record that comes with it would allow Gilmore to move on with his life.
Prosecutor John Healy told the judge that his office continued to recommend that no youthful offender status be granted. Healy said the drive from Utica provided a long time for Gilmore to think about what he was doing.
“This was a planned and orchestrated bank robbery,” Healy said. “They drove from Utica, donned disguises and planned on robbing a bank.”
Healy said he understood Gilmore was eligible for youthful offender status as an 18-year-old, but he said the robbery was an offense the public should know about.
Gilmore thanked the court for granting youthful offender status and apologized to his family. He said he intended to start over once he is released.
Loyola told Gilmore “… you’re getting a second chance in life. You only get it once.”
Gilmore’s co-defendant Moore is also accused of robbing another bank in Utica. He was charged in federal court in part because his case spans more than one county. His case remains pending.