Court records show an Indiana man apprehended on murder charges claims he didn’t intend to kill a 70-year-old man during a robbery in Indianapolis.
After being busted, the suspect admitted to robbing the victim in the parking lot of an apartment complex on High School Road but claims his intention was not to kill him.
While on his way home late last month, 70-year-old Jesus Mazariego Chan, was robbed outside his own apartment.
A witness at the complex told investigators that the suspect, later identified as 30-year-old Joshua Dye, brutally shook the elderly victim and tossed him to the ground before stealing his wallet and phone.
The 70-year-old victim was transported to a local hospital where he died from brain swelling and internal injuries four days later.
About 25 minutes after Dye robbed the old man, investigators said he robbed and assaulted a second victim outside a nearby laundromat on High School Road.
Police claim Dye was caught on camera driving a Subaru away from both scenes. Officers tracked that vehicle to the Gateway Motel on Lafayette where Dye was arrested this week.
According to court records, Dye confessed to the robberies, but when asked about Chan’s death explained, “He didn’t mean for this to happen.”
He added, “He didn’t think he slammed him that hard.”
“You don’t have to intend to kill if another person dies during the commission of a felony,” said attorney Ralph Staples.
Attorney Staples isn’t connected to the case but explains that because the death took place during a robbery, the suspect can be charged with felony murder.
“Not to oversimplify it, but it’s pretty straightforward. Someone died while you were committing a felony. You have to intend to commit the felony, but if someone else dies, felony murder is appropriate,” said Staples.
Chan’s family said he was an illegal migrant from Guatemala. Some of his Guatemalan money was recovered from Dye during his arrest. The suspect is being held without bond at the Marion County jail. He’s due in court for an initial hearing on Thursday.
