Is the Marion County Prosecutor’s Office upset they failed in a robbery case? Attorney David Lowther thought so when his client, Nicholas L. Smith, 19, was sentenced to three years for escape on Friday.

Smith was originally charged with robbery after officials say he walked into the Commercial Savings Bank on Jamesway Drive and demanded money on May 25th, 2007.

Because it was determined Smith never threatened physical harm, the jury found not guilty of robbery.

Prosecutors then charged Smith with theft. A jury found him guilty of that charge. As he was being taken from the courthouse following his sentencing hearing, he ran. He was apprehended shortly thereafter.

Smith was sentenced to 3 years on the escape charge Friday, to run consecutively with his 12-month sentence on theft.

Lowther believed that the prosecutor's failure to convict on the original robbery charge painted the state’s recommendation on the escape charge.

The prosecutor’s office, however, pointed out that they could have recommended 5 years, the maximum allowed for an escape.