Two men were indicted on January 28, 1977, for murder in the second degree and attempted robbery in the first degree. A woman was also indicted for the same counts but pled guilty to attempted robbery and testified for the prosecution at trial. According to court documents, the three and another man attempted to rob another in his home. During the attempted robbery, the owner was shot in the head. He died a few days after the incident. Had his home been unoccupied at the time the four individuals broke into his home with the intent to steal, his life might have been spared and the defendants may only have been charged with burglary.
Three weeks after the robbery occurred, one of the robbers was arrested and given a Miranda warning. He then made a statement to police in writing, which he signed. A second written statement was later given to an assistant district attorney. In these two statements, he claimed that he and his partner had developed a plan to make money, which involved the robbery of the house. The two men met with another before going to the woman’s home to further discuss the robbery. They forced their way into the apartment. One pointed a gun at the owner but stated he had never intended to harm him. A struggle ensued and the gun went off, causing the injuries to the owner. Both theives then left the scene.