Confronted by authorities in the motel parking lot, the bald, portly Unbehaun dropped his cane, raised his hands and startled police by his apparent joy at getting nabbed, according to detailed court filings by both his attorney and the lead prosecutor in his case.
"Unbehaun stated he wanted to do something that would guarantee that he would spend the rest of his life in prison," an FBI affidavit said. One officer observed, "(He) was happy to be going home to prison."
The judge in Chicago sentencing Unbehaun faces a dilemma, prosecutor Sharon Fairly said in one filing: Sending Unbehaun to prison would be more reward than punishment to him, but setting him free would risk him committing another serious crime.
"Did the system fail Mr. Unbehaun? Or was his inability to stay out of jail the result of his own free will?" Fairly asked. "We may never know. But what we do know, clearly, is Mr. Unbehaun lacks the desire to lead a law-abiding life outside of prison walls."
Even if his age and infirmity might seem to invite leniency, that "is arguably offset by his lengthy and violent criminal history," Fairly said.
The Chicago-born Unbehaun first went to prison at 23 for transporting a stolen car. His criminal record includes more than half a dozen convictions for crimes from home invasion to — ironically — escaping from prison.
Media accounts from 1970 describe how Unbehaun kidnapped a 19-year-old girl and left her bound to an Ohio motel bed as fled the state in her car. For that, he was convicted of kidnapping and sentenced to 25 years. His most recent decade-long prison term, for bank robbery, ended in 2011.
Unbehaun pleaded guilty in September to the 2013 bank robbery in the Chicago suburb of Niles and faces a maximum 30-year prison term. Prosecutors asked for a sentence of about seven years.
In his presentencing filing, defense attorney Richard McLeese called on the judge to show Unbehaun mercy.
"An individual driven to commit bank robbery so that he can return to prison is, we submit, less culpable than someone who acts simply out of greed," he said. A three-year sentence, he argued, would be appropriate.
In a brief letter filed to the judge last week, Unbehaun didn't withdraw his wish to go to prison. But he did write, "I wasn't thinking straight."
Unbehaun's third wife died while he was behind bars for the previous bank robbery. But it's not as if no one extended the childless widower a helping hand. Following his 2011 release, his sister and her husband bought Unbehaun a trailer home in Rock Hill, S.C., the couple said Wednesday.
Bored and alone, Unbehaun spent his days watching television or drawing, and in a court filing he compared his life at the trailer park to living in a prison isolation "hole."
"We tried to help him and do as much as we could, but it didn't work out," Unbehaun's sister, Darlene Kellner, said in a phone interview from South Carolina.
Defense filings say Unbehaun, a D and F student in school, spells at a first-grade level. At least while behind bars, Unbehaun was usually well-behaved and compliant, filings said. At pre-trial hearings, Unbehaun sat in a wheelchair wearing orange jail garb, appearing attentive and at ease.