Tehachapi News

Third strike may net life term

A stolen package of doughnuts -- plus dozens of other arrests over the past 30 years -- could put Robert Fassbender in prison for life.

Fassbender, 51, currently in Lerdo Jail, was arrested for stealing a package of Hostess doughnuts from the Wildrose Station in Tehachapi, which could constitute his "third strike."

The two previous strikes against him are from robberies committed in 1977 and 1979, said Michael Webb, Fassbender's attorney.

In a jailhouse interview, Fassbender said the previous felonies involved stealing money from registers at hotels.

"As far as doughnuts go and having to fight for my life, it (the three strikes rule) is unjust," Fassbender said. "For cases like mine or similar to mine, doughnuts or candy bars that people get striked out on, it's overkill."

Fassbender, however, hasn't exactly stayed out of trouble since those robberies. He's been in and out of prison since the 70s, never remaining free for more than a few months before committing another crime, Kern County Supervising Deputy District Attorney Michael Yraceburn said.

"Mr. Fassbender, who has two prior robberies and a 40-page arrest record, isn't exactly a poster child," Yraceburn said.

Under current California law, people convicted of two serious or violent felonies can be sentenced to 25 years to life in prison if found guilty of any third felony.

The felony charge against Fassbender is petty theft with prior jail terms for theft/burglary/robbery. Fassbender didn't hurt anyone while taking the doughnuts on Nov. 10, according to both Yraceburn and Webb. He began eating one of the doughnuts in front of the register and then walked out with the package.

Fassbender said the incident was a misunderstanding because he said he thought his friend had paid for the 50-cent package of doughnuts. An empty package of doughnuts was later found by law enforcement at Fassbender's residence. Since 2002, Fassbender has been arrested at least 14 times on suspicion of crimes ranging from DUI to spousal abuse, according to the Kern County Superior Court Web site.

Because of his history of recidivism and the number of crimes he's been convicted of, Fassbender's case warrants prosecuting as a third-strike case, Yraceburn said.
"Our office has always been a strong proponent of the three-strikes law," Yraceburn said.

Fassbender said the law is good for those who deserve it.

"For killing people, a third strike is a good thing," he said.

Webb declined to go into detail about what he thinks of sending a man to prison for life over a package of doughnuts. "I think the facts speak for themselves," he said.

Californian staff writer Felix Doligosa Jr. contributed to this report.