The Lincoln bank robber who waited outside for police to come and arrest him will not be charged with bank robbery. In Lancaster County Court Wednesday, he was instead charged with making a terroristic threat.

Police say 52-year-old James Roberts walked into a branch of the Hastings State Bank branch off West O Street just after 4 p.m. Monday and handed a teller a note which read, “I have a gun, give me all your money." Then he walked out with the cash and waited for police.

The Lancaster County Attorney's office says because his intent was not to steal money, but to go to jail, he will not be charged with robbery. If convicted on the terroristic threat charge, Roberts, a transient, faces up to five years in prison and a fine.