A judge sentenced a New Zealand man Nov. 14 to three years and eight months in prison for trying to rob a Chula Vista bank, but ordered the sentence be concurrent and not consecutive to the 25 year term he is serving for first-degree murder of his cellmate.
The ruling by Chula Vista Superior Court Judge Francis Devaney means Clinton Forbel Thinn, 31, will not do any more time other than the 25 years to life sentence he was given by another judge on July 26 for strangling his cellmate, Lyle Woodward, 30, on Dec. 3, 2016.
Devaney ruled the three years and eight months should run concurrent in accordance with Thinn’s guilty pleas to two counts of attempted bank robbery of the Bank of America branch at Third and E Street in Chula Vista on June 24, 2016.. Thinn pleaded guilty Sept. 10 to attempted bank robbery with the agreement he would do no extra time.
Woodward was strangled from behind by a piece of clothing and never regained consciousness. He was declared brain dead 10 days later and his life support system was turned off with the consent of his parents.
Thinn has never testified as to how these events occurred. His lawyer on the homicide case told jurors Thinn strangled Woodward in self-defense because his cellmate was demanding that Thinn buy him coffee and other items on his commissary account. Statements by attorneys are not considered evidence, and no accompanying testimony was given that Woodward was threatening or demanding other than a few inmates recalled Woodward wanted coffee.
Thinn was convicted by a jury after five hours of deliberations on June 27 of first-degree murder. The jury in his first trial deadlocked three different ways after they deliberated 22 1/2 hours over seven days before giving up and a mistrial was declared. Five jurors held for first-degree murder, two voted for second-degree murder, and five voted for voluntary manslaughter.
Thinn entered the Chula Vista bank at 4:49 p.m. and fired an orange flare gun in which a projectile hit the wall. No one was injured, and Thinn got no money from cashiers as almost all had closed for the day. He was charged with 14 counts of attempted robbery, false imprisonment, and burglary in the incident, but 12 of the charges were dropped when he pleaded guilty to two counts.
According to testimony, Thinn arrived at the bank by taxi and was the last person to enter the bank before it closed. When he began shouting at the tellers, they called 911 and he was arrested by Chula Vista Police. Had he arrived at the bank just one minute later, the door would have been locked, and this incident would not have occurred.
Thinn’s sister has served a number of positions in the New Zealand government and Thinn’s arrest and court case have resulted in a number of stories in New Zealand.
His family wrote letters to the sentencing judge in the murder case that said they have provided a trust for Thinn in which he would return to New Zealand to live on a small piece of property they own. Thinn received credits for two years in jail and must serve at least 25 years, so the earliest he could be paroled is in 2041.
