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Punk rock singer gets 55-to-life in shooting
Lack of remorse for firing rifle at SWAT officers prompts maximum sentence.
By Tracy Manzer, Staff writer
Article Launched: 03/25/2008 03:30:24 PM PDT
Absentees Band Bio | Track Listing
LONG BEACH - A local punk rock singer was sentenced Tuesday to more than 55 years to life in state prison for the attempted murder of a Long Beach SWAT officer.
Rocco Bannich - who performed under the name Rocco Roll with The Absentees in the early days of punk in Long Beach in the 1970s and 1980s, then released an album combining new and old compositions in the 1990s - will have to serve 85 percent of his sentence before he can be considered for parole, said Deputy District Attorney Lowell Anger.
"He's 52 years old, he's pretty much done," Anger said after Tuesday's sentencing, where Bannich was given the maximum sentence, 55 years to life plus 10 months.
Bannich was found guilty last month of one count of attempted
murder and two counts of attempted manslaughter for shooting at three Long Beach Police Department SWAT officers during a standoff outside his home in 2007.
One of Bannich's angst-driven songs - "Open Season" - targeted Long Beach police. The song written in 1999 proved to be a chilling blueprint for the crime committed eight years later, including descriptions of shooting up the bar and killing cops.
"Open season is the reason to come to Long Beach to kill some narcs," reads one lyric from the song.
The re-emergence of one of his band's early singles, "Tryin' to Mess With Me," appeared on the album "Killed By Death #7" in 1993 and triggered a frenzy among some fans of the punk genre.
That song and many of the other original songs dealt with Bannich's former girlfriend and the band's former lead singer, Mary W. Several of the newer songs focused on the authorities and Bannich's conspiracy-fueled delusions.
The guitarist and singer chose to represent himself in his criminal case and demanded Long Beach Superior Court Judge J.D. Lord throw out his conviction Tuesday.
"I want to call for a retrial because I didn't receive a fair trial," Bannich said.
Bannich started the morning by snapping at the prosecutor to not speak to him, then called the prosecutor and the judge "the devil" and accused the witnesses in the case against him of lying.
The trial was at times difficult, although Bannich was most outspoken during his sentencing, Anger said.
The prosecutor was able to prove Bannich opened fire on a bar behind his house - the Til-2 Club, 475 W. Willow St. - on Aug. 30, 2007, prompting police to respond and a stand-off with SWAT that lasted about five hours.
Bannich was convinced undercover narcotics investigators bugged the bar and his home with high-tech tools to track his every move. When he first opened fire with his .22-caliber rifle, taking aim from his backyard, he hit two cars in the back parking lot of the bar.
A customer was about to walk out the back door when the shots rang out. He was delayed by the bartender, and he testified that he was certain Bannich would have killed him if he hadn't turned back to give the bartender a hug.
The bartender testified she recognized Bannich peering over his fence with his gun and said Bannich harassed her for roughly 10 years.
In the shootout with SWAT, Bannich fired at least seven rounds from the rifle, with one bullet striking an officer in the shoulder - where it lodged in his bullet proof vest - and the other passing through the inside of his pant leg near his groin.
As that officer ran to take cover with two other SWAT officers, Bannich continued to shoot at all three and police returned fire.
Bannich was hit in the forearm and suffered a graze wound. He was taken to a local hospital for treatment, then transferred to county jail, where he remained since his arrest on the day of the stand-off.
Lord denied Bannich's request to throw out his conviction Tuesday and patiently listened as Bannich railed at him and the prosecutor.
The judge allowed Bannich to orally give notice that he will appeal the conviction, and the prosecutor arranged for a public defender to give Bannich the correct forms.
During the sentencing, Lord said he considered not ordering the maximum time allotted, but Bannich's complete lack of remorse demanded the harshest punishment possible.
"If I had a crystal ball," the judge said as Bannich let loose with another tirade drowning out part of Lord's comments, "(I would predict Bannich) would cheerfully repeat the conduct."
Lack of remorse for firing rifle at SWAT officers prompts maximum sentence.
By Tracy Manzer, Staff writer
Article Launched: 03/25/2008 03:30:24 PM PDT
Absentees Band Bio | Track Listing
LONG BEACH - A local punk rock singer was sentenced Tuesday to more than 55 years to life in state prison for the attempted murder of a Long Beach SWAT officer.
Rocco Bannich - who performed under the name Rocco Roll with The Absentees in the early days of punk in Long Beach in the 1970s and 1980s, then released an album combining new and old compositions in the 1990s - will have to serve 85 percent of his sentence before he can be considered for parole, said Deputy District Attorney Lowell Anger.
"He's 52 years old, he's pretty much done," Anger said after Tuesday's sentencing, where Bannich was given the maximum sentence, 55 years to life plus 10 months.
Bannich was found guilty last month of one count of attempted
murder and two counts of attempted manslaughter for shooting at three Long Beach Police Department SWAT officers during a standoff outside his home in 2007.
One of Bannich's angst-driven songs - "Open Season" - targeted Long Beach police. The song written in 1999 proved to be a chilling blueprint for the crime committed eight years later, including descriptions of shooting up the bar and killing cops.
"Open season is the reason to come to Long Beach to kill some narcs," reads one lyric from the song.
The re-emergence of one of his band's early singles, "Tryin' to Mess With Me," appeared on the album "Killed By Death #7" in 1993 and triggered a frenzy among some fans of the punk genre.
That song and many of the other original songs dealt with Bannich's former girlfriend and the band's former lead singer, Mary W. Several of the newer songs focused on the authorities and Bannich's conspiracy-fueled delusions.
The guitarist and singer chose to represent himself in his criminal case and demanded Long Beach Superior Court Judge J.D. Lord throw out his conviction Tuesday.
"I want to call for a retrial because I didn't receive a fair trial," Bannich said.
Bannich started the morning by snapping at the prosecutor to not speak to him, then called the prosecutor and the judge "the devil" and accused the witnesses in the case against him of lying.
The trial was at times difficult, although Bannich was most outspoken during his sentencing, Anger said.
The prosecutor was able to prove Bannich opened fire on a bar behind his house - the Til-2 Club, 475 W. Willow St. - on Aug. 30, 2007, prompting police to respond and a stand-off with SWAT that lasted about five hours.
Bannich was convinced undercover narcotics investigators bugged the bar and his home with high-tech tools to track his every move. When he first opened fire with his .22-caliber rifle, taking aim from his backyard, he hit two cars in the back parking lot of the bar.
A customer was about to walk out the back door when the shots rang out. He was delayed by the bartender, and he testified that he was certain Bannich would have killed him if he hadn't turned back to give the bartender a hug.
The bartender testified she recognized Bannich peering over his fence with his gun and said Bannich harassed her for roughly 10 years.
In the shootout with SWAT, Bannich fired at least seven rounds from the rifle, with one bullet striking an officer in the shoulder - where it lodged in his bullet proof vest - and the other passing through the inside of his pant leg near his groin.
As that officer ran to take cover with two other SWAT officers, Bannich continued to shoot at all three and police returned fire.
Bannich was hit in the forearm and suffered a graze wound. He was taken to a local hospital for treatment, then transferred to county jail, where he remained since his arrest on the day of the stand-off.
Lord denied Bannich's request to throw out his conviction Tuesday and patiently listened as Bannich railed at him and the prosecutor.
The judge allowed Bannich to orally give notice that he will appeal the conviction, and the prosecutor arranged for a public defender to give Bannich the correct forms.
During the sentencing, Lord said he considered not ordering the maximum time allotted, but Bannich's complete lack of remorse demanded the harshest punishment possible.
"If I had a crystal ball," the judge said as Bannich let loose with another tirade drowning out part of Lord's comments, "(I would predict Bannich) would cheerfully repeat the conduct."
