Transfer sought in bank heist case

? A public defender for a man now charged with attempted air piracy after an Olathe bank robbery last week filed a motion Friday to have the wounded suspect transferred to a southwest Missouri federal prison hospital.

A new indictment filed Thursday against Bennie J. Herring, 44, by a federal grand jury included the charge of attempted air piracy, U.S. Atty. Eric Melgren said in a news release. Herring had already been charged with armed bank robbery and discharging a firearm in furtherance of a violent crime.

Melgren said Herring faced no less than 20 years in prison for the attempted air piracy alone.

Herring was shot by five police officers as he attempted to board a small plane at a nearby airport after the robbery.

The court-appointed attorney for the Herring, Michael Harris, filed a motion Friday saying Herring was well enough to be released from a hospital and be transferred to the federal prison hospital in Springfield, Mo., for treatment and therapy until he returned to court.

Herring made his first court appearance Wednesday from his hospital bed before a U.S. magistrate.

The alleged robbery was May 18 robbery at the Capitol Federal Savings in Olathe.

Herring is accused of ordering the bank’s assistant manager and five other hostages to strip to their underwear and drive him in a van to the Johnson County Executive Airport. Prosecutors said Herring fired two shots at police from the van.