Two men face charges in the murder of a Gary pawn shop owner.
Derek Sanders, 23, the alleged shooter, was charged Tuesday with two counts of murder, one count of attempted armed robbery and enhancement of a firearm on all three counts. He is in custody, being held without bail.
Charles L. Garcia-Berrios, 32, of Hammond, the alleged getaway driver, is charged with two counts of murder, one count each of armed robbery and one count of assisting a criminal. He is in custody, being held without bail.
They both appeared in court Wednesday where a public defender was assigned. Garcia-Berrios’ next hearing is Dec. 17, while Sanders is scheduled for Dec. 20.
After his arrest, Sanders told police that pawn shop owner Brandon Cruz sold him drugs and that he angrily went there to get his money back. Sanders said he had known Cruz for years and was “not afraid to kill ‘(an expletive)’,” court records state.
He argued and Cruz was told to leave. Sanders said that after Cruz walked toward him, he shot him. Sanders said he threw the gun that day into the Little Calumet River.
Gary police responded at 11:30 a.m. Nov. 17 to We Buy Gold, 3720 Broadway Ave.
Cruz, 50, of Lake Station, was found shot in the back of the head just inside the store. A bullet casing was nearby. His death was ruled a homicide.
Video surveillance appears to show a man dressed in “dark clothing” following Cruz into the store from an alleyway. Just before entering, the man dropped a purple cell phone on the ground, which police later recovered.
Inside, seconds later, the man points a gun at Cruz. After a struggle, he shoots Cruz, then flees.
Just before the shooting, another video emerged showing a dark Buick dropping off a man — wearing similar clothing to the shooter — a block east of the 3700 block of Washington Street. He is talking on a similar cell phone. The same car picked him up after the shooting.
Police used license plate readers and videos to track the vehicle about a half-hour after Cruz was killed at a Hammond gas station near Grand Boulevard and 169th Street. A man with a neck tattoo – later identified as Garcia-Berrios – entered.
The Buick was registered to Garcia-Berrios’ wife.
Garcia-Berrios’ cellphone rang in the area at the time of the killing, according to the charges. He was later arrested during a traffic stop where police took two cell phones. He refused to speak to officers.
The affidavit states he was on federal parole. A man with the same name and date of birth was charged Tuesday with cocaine possession in Lake County.
Police extracted the purple cell phone and linked it to Sanders. He was arrested on December 9 at his apartment. Officers found clothing similar to that of the shooter there, according to charging documents.
mcolias@post-trib.com
