After more than six hours of deliberations, a jury convicted the “Incense Bandit” of three robberies and one attempted robbery Nov. 9, but they ironically deadlocked 7-5 for acquittal in the hold-up of the candle store where the robber got his nickname.
Jurors told San Diego Superior Court Judge Amalia Meza they were hopelessly deadlocked regarding the Jan. 7 hold-up of the Cathedral store at 435 University Ave. They also said they were deadlocked 11-2 in favor of conviction for two robberies at Fifth Avenue Books.
Despite the deadlock on three robberies, Charles Edward Shipman, 49, could face a sentence of 35 years to life in prison on the counts in which jurors convicted him because of the third strike law. He was previously convicted of two counts of attempted robbery.
Meza set sentencing for Dec. 14 and declared a mistrial on the remaining counts. Deputy District Attorney Dennis Panish said his office hasn’t yet made a decision about retrying Shipman on the unresolved counts.
Shipman’s attorney, Vickie Fernandes, argued that all witnesses misidentified Shipman as the robber and that police made mistakes. The clerk at Fifth Avenue Books identified one man in a photo lineup, but those pictures were accidently lost and Fernandes said it is unknown who the clerk identified.
Jurors afterwards said there wasn’t enough evidence to convict Shipman of all charges, and one juror said one particular lineup was unfair. The description of the robber was too general, they said.
There was no DNA evidence, fingerprints, fibers or security camera footage in any of the robberies except for the last one Feb. 13. He was arrested after a camera picked up his image at an attempted robbery of a store in Old Town.
Police nicknamed the series as the “Incense Bandit” after the robber complained that a box of incense was “too expensive for me” and then robbed the store. Sketches of the “Incense Bandit” were placed in some store windows by the Hillcrest Business Association.
Jurors convicted Shipman of twice robbing a parking valet at Arrivederci, and holding up a bookstore on University Avenue. Several victims testified the robberies caused them to change their procedures including how much money is available to a cashier.
Shipman remains in the George Bailey Detention Facility on $300,000 bail.
