Man acquitted of attempted gas station robbery

BAKERSFIELD, Calif. (KGET) — A jury acquitted a man of attempting to to rob a gas station after his public defender presented a voluntary intoxication defense — arguing the man was drunk and couldn’t form the specific intent to commit the crime.

Instead of facing a life term in prison on the robbery charge, John Duff was convicted of carrying a concealed knife. He faces a maximum sentence of six years, according to a Public Defender’s Office release.

“Mr. Duff’s conduct in this matter, while arguably antisocial, simply didn’t rise to attempted robbery,” Deputy Public Defender Travis Jossenberger said in the release. “The jury weighed the totality of the evidence before them, and after careful deliberation reached the same conclusion.”

He added, “Ultimately, justice was served as Mr. Duff was held accountable for what he did do, but, more importantly, was acquitted for what he did not.”

Sentencing is set for Aug. 1.

On Jan. 20, Duff, 33, entered a Chevron gas station on Chester Avenue and allegedly declared he was committing an armed robbery, according to the release. He allegedly demanded money from an employee who ran and locked himself in a back room.

In presenting a voluntary intoxication defense, Jossenberger elicited testimony from the employee indicating Duff was under the influence.

Immediately before the incident, Duff appeared sweaty — despite it being a cold January morning — and got ice water, the employee testified according to the release.

Duff exhibited strange behavior, accusing him and a customer of conspiring against him, the employee said. Following the incident, Duff weaved across the street while yelling incoherently, forcing cars to swerve to avoid him, the employee testified.

“The employee, experienced in observing intoxicated individuals, testified that Duff seemed to be under the influence during the incident,” according to the release.

Surveillance footage showed Duff kept a hand in his pocket — but not the pocket where the knife was located, the release said. The footage showed no physical attempt at robbery, according to the release. Duff spoke with the employee, the footage shows according to the release, then immediately left after the employee went to the back office.

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