Booking Photo 07/10/2021: Andrew William Gilbertson (DOB 10/31/1974)
Booking Photo 07/10/2021: Andrew William Gilbertson (DOB 10/31/1974)

Man Convicted in 2015 for SLO Bank Robbery is Convicted Again by Jury; this time for Attempted Robbe

Author: District Attorney
Date: 8/25/2022 4:35 PM

District Attorney Dan Dow announced today that on August 16, 2022, a San Luis Obispo County jury found Andrew William Gilbertson (47) guilty of Attempted Robbery, a violent offense. Gilbertson was previously convicted of arson and bank robbery that will lead to a ”Three-Strikes” sentence in this case.

During the August trial, jurors heard evidence that on September 1, 2021, Andrew William Gilbertson (DOB 10/31/1974) entered the Chase Bank in Paso Robles where he attempted to exchange money that was wet and dirty.  When Gilbertson was told that a bank policy prohibited exchanging the money based on the condition of the bills, he then passed a note that had been written on a Chase Bank envelope which read, “Give me all the money.”

Gilbertson also made a threat to the bank teller that he had a gun and showed the teller what she described to be the barrel of a gun pointed toward her that had been inside of one of his bags.  The jury also heard evidence that Gilbertson had been previously convicted of bank robbery after he robbed a Bank of America in San Luis Obispo in 2013 using a similar note.

“Here in San Luis Obispo County, we will use every legal means to hold repeat violent offenders accountable to the maximum extent we can under California Law,” said District Attorney Dan Dow.  “When California’s Three Strikes sentencing law is followed and imposed, like it is here, it sends a strong message to other would-be violent criminals to think twice or perhaps choose another county in which to commit their crime.”

Rather than have the jury make findings regarding Gilbertson’s prior convictions for arson and bank robbery, a court trial on those matters was held today.  The Honorable Judge Timothy S. Covello made findings that Gilbertson had been convicted in 2015 for second-degree robbery and in 2021 for arson, and that seven factors in aggravation were true. These findings will be used at the sentencing hearing to determine the appropriate lawful sentence.

The findings included: (1) that the current crime involved threat of great bodily harm and other acts disclosing a high degree of cruelty, viciousness and callousness, (2) that defendant was armed with or used a weapon at the time of the commission of the crime, (3) that defendant has engaged in violent conduct that indicates a serious danger to society, (4) that defendant’s prior convictions as an adult are numerous and of increasing seriousness, (5) that defendant has served a prior term in prison, (6) that defendant was on probation, mandatory supervision, or parole when the crime was committed, and (7) that the defendant’s prior performance on probation, post release community supervision and parole was unsatisfactory.

Gilbertson faces a maximum sentence of 35 years to life in prison because of his criminal history under California’s Three Strikes sentencing law.

A sentencing hearing is scheduled for October 27, 2022 in Department 7 of the San Luis Obispo County Superior Court.  He remains in custody at the San Luis Obispo County Jail.

The case was investigated by the Paso Robles Police Department with the assistance of the District Attorney’s Bureau of Investigation and was prosecuted by Deputy District Attorney Kristin Barnard.

Click here to view a copy of the charging document.  Click here to view a copy of the defendant’s photo.

Please contact Assistant District Attorney Eric J. Dobroth at 805.781.5819 with any questions.

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