Albany

Executive Director Alice Green and staff members of The Center for Law and Justice heard a loud gunshot around 1 p.m. Wednesday and rushed out of their office at 220 Green St. to find police surrounding a man on the sidewalk after cops shot out his car window during a confrontation.

"We didn't know what was going on and had no idea who it was at first," Green said.

It turned out to be Thomas Smith, 53, a friend of Green and her staff.

Smith allegedly backed his car toward Detective Robert Lawyer, who opened fire, according to police. Smith was not seriously injured by the gunshot that blew out a window of his car. Smith was on parole for a 2002 robbery of a KeyBank branch in Latham and had served more than 13 years of a 15-year sentence before he was released last year on parole.

Smith was arraigned Friday and charged with third-degree robbery in connection with the Monday bank robbery of a First Niagara branch at 120 State St., police said.

Green and others wanted to believe in the redemption of the ex-felon and stressed that he deserves the presumption of innocence until proven guilty.

Green supported Smith during a protracted battle with Wal-Mart officials after he was fired last November for redeeming $2 in empty cans left unclaimed outside the East Greenbush store.

Smith said he was never told he could not take unclaimed cans, but Wal-Mart officials contended it was theft.

Green and labor leaders organized demonstrations on Smith's behalf at Wal-Mart to protest his firing, which went viral on social media and made national headlines.

"I've been very close to Thomas and I'll continue to be in his corner. I don't don't regret anything we did to help and support him," Green said.

Green said Smith frequently dropped by the office on Green Street and often brought food to share.

Smith worked as a dishwasher at the Brick House Tavern & Tap in Latham, but quit in May after a few months of employment.

"There were no complaints about him," said manager Greg Holbig. "I was surprised when I saw the story. I wouldn't expect that of him."

"I'm holding off on drawing conclusions because there haven't been a lot of details released yet," said Emily McNeill, a staff member of the Labor-Religion Coalition, who organized a demonstration on Smith's behalf. "I don't feel burned at all. I just hope he is treated fairly by the criminal justice system."

Smith received more than $21,000 from nearly 1,000 donors to a GoFundMe crowdfunding campaign started by a woman in Chicago who read about him. He previously said he planned to give the money to his two children.

Smith was homeless for several months before he was released from prison last year. He had a 1989 conviction for selling drugs and said he robbed the bank in 2002 to support a heroin and cocaine habit.

"Unfortunately, that is not unusual. Heroin addiction is insidious and the fact that he robbed a bank before would make it easier for him to do it again," said Andrew McKenna, of West Sand Lake, whose 2015 memoir "Sheer Madness," described his downward spiral from heroin addiction. The 47-year-old former lawyer and Marine Corps Judge Advocate General attorney served several years in federal prison for robbing six banks and two supermarkets across five counties beginning in 2005. He was released in 2012.

"There is hope for him if he gets long-term quality treatment and continued support," said McKenna, who works for a treatment program, Addiction Campuses.

The recidivism rate for New York state prisoners is about 42 percent within three years of release, including 10 percent convicted of a new felony, according to a 2014 state study.

pgrondahl@timesunion.com • 518-454-5623 • @PaulGrondahl