MONROE - It may not have been a botched robbery, but an effort to collect a drug payment on April 5 that led to the arrest of two men, Luis E. Cruz and Luis E. Western, according to testimony Thursday in Green County Circuit Court.
The two Beloit men were arrested following the incident, which began at El Borrego, a Mexican grocery store on 16th Avenue on the square. A third suspect, 25-year-old Jonathan E. Guadarrama, was killed after his mini-van rolled near Juda during a high-speed police pursuit.
Cruz, 20, and Western, 35, appeared together in court on Thursday for a preliminary hearing on the case.
Cruz is charged with substantial battery with the intention of bodily harm, a class I felony; two charges of armed robbery, both a class C felony; false imprisonment, a class H felony; and theft of a moveable property, a class I felony.
Western is charged with substantial battery with the intention of bodily harm, a class I felony; two charges of armed robbery, both a class C felony; and false imprisonment, a class H felony. He is represented by Frank Medina.
Eight witnesses testified about the incident on the Square, including a bank teller who allegedly observed Cruz and Faustino Moralez, the grocery store owner, enter the nearby First National Bank and Trust, where the suspects had allegedly taken him to cash a check.
Moralez told the court that he had left his store about 10 a.m. April 5 with William Buillanuve Roman Jr., a friend and an apparent victim of the days events, to help translate for Roman while he paid for a phone bill at Radio Shack.
The pair then went to pick up sandwiches, before returning to the store sometime after 10:30 a.m.
According to Roman's testimony, Cruz and Western entered the store first, followed by Guadarrama.
Moralez testified that he did not notice who had entered his store until after he heard someone say "shut the door" in Spanish and then saw another hitting Roman in the face with a gun.
Cruz had ordered Moralez to the floor, Moralez testified, and Cruz proceeded to search him.
After the search, the three suspects ordered Moralez and Roman to get up and proceed to a back room to check a safe, but Moralez did not own one. Moralez said that they were unhappy that there was no more money, and Cruz and Western argued about what to do next.
Guadarrama was left alone temporarily with Moralez and an unconscious Roman, according to testimony. Then Moralez gave Guadarrama the idea to go to the bank and cash a $3,000 cashier's check that was obtained by the three men during their first search.
After returning, Moralez testified, Guadarrama stated that someone should go and cash the check.
Cruz and Guadarrama took Moralez to First National Bank, where Moralez said he had opened a bank account the day before for his business.
When the men first arrived, Cruz walked Moralez into the bank, where the two realized the check was still at the store.
The three men then returned to the store, picked up the check and returned to the bank, Moralez testified.
Kim Fiez, who was training to become a bank teller on that day, April 5, testified that Moralez approached her window and told her to act like she was cashing the check but to call the police because he was in trouble.
"He was physically shaking," Fiez told the court.
Her manager took the check, and the teller next to her called the police.
Larry Keegan, a Monroe detective, testified that when he interviewed Cruz, Cruz said that they were not there to rob to grocery store, but merely to collect a drug debt that Moralez needed to pay. Western also corroborated that fact with other officers and detectives, Keegan told the court.
Green County Circuit Judge Thomas J. Vale found that there was probable cause for the defendants to go to trial.
The two Beloit men were arrested following the incident, which began at El Borrego, a Mexican grocery store on 16th Avenue on the square. A third suspect, 25-year-old Jonathan E. Guadarrama, was killed after his mini-van rolled near Juda during a high-speed police pursuit.
Cruz, 20, and Western, 35, appeared together in court on Thursday for a preliminary hearing on the case.
Cruz is charged with substantial battery with the intention of bodily harm, a class I felony; two charges of armed robbery, both a class C felony; false imprisonment, a class H felony; and theft of a moveable property, a class I felony.
Western is charged with substantial battery with the intention of bodily harm, a class I felony; two charges of armed robbery, both a class C felony; and false imprisonment, a class H felony. He is represented by Frank Medina.
Eight witnesses testified about the incident on the Square, including a bank teller who allegedly observed Cruz and Faustino Moralez, the grocery store owner, enter the nearby First National Bank and Trust, where the suspects had allegedly taken him to cash a check.
Moralez told the court that he had left his store about 10 a.m. April 5 with William Buillanuve Roman Jr., a friend and an apparent victim of the days events, to help translate for Roman while he paid for a phone bill at Radio Shack.
The pair then went to pick up sandwiches, before returning to the store sometime after 10:30 a.m.
According to Roman's testimony, Cruz and Western entered the store first, followed by Guadarrama.
Moralez testified that he did not notice who had entered his store until after he heard someone say "shut the door" in Spanish and then saw another hitting Roman in the face with a gun.
Cruz had ordered Moralez to the floor, Moralez testified, and Cruz proceeded to search him.
After the search, the three suspects ordered Moralez and Roman to get up and proceed to a back room to check a safe, but Moralez did not own one. Moralez said that they were unhappy that there was no more money, and Cruz and Western argued about what to do next.
Guadarrama was left alone temporarily with Moralez and an unconscious Roman, according to testimony. Then Moralez gave Guadarrama the idea to go to the bank and cash a $3,000 cashier's check that was obtained by the three men during their first search.
After returning, Moralez testified, Guadarrama stated that someone should go and cash the check.
Cruz and Guadarrama took Moralez to First National Bank, where Moralez said he had opened a bank account the day before for his business.
When the men first arrived, Cruz walked Moralez into the bank, where the two realized the check was still at the store.
The three men then returned to the store, picked up the check and returned to the bank, Moralez testified.
Kim Fiez, who was training to become a bank teller on that day, April 5, testified that Moralez approached her window and told her to act like she was cashing the check but to call the police because he was in trouble.
"He was physically shaking," Fiez told the court.
Her manager took the check, and the teller next to her called the police.
Larry Keegan, a Monroe detective, testified that when he interviewed Cruz, Cruz said that they were not there to rob to grocery store, but merely to collect a drug debt that Moralez needed to pay. Western also corroborated that fact with other officers and detectives, Keegan told the court.
Green County Circuit Judge Thomas J. Vale found that there was probable cause for the defendants to go to trial.