The cases of two men and a 15-year-old boy charged in the April shooting death of a Hagerstown man in his Randolph Avenue apartment have been transferred to Washington County Circuit Court, according to court records.
Cory Antonio Usher, 36, of Hagerstown, and Eduardo Emilio Gonzalez, 26, of 19 Broadway, Apt. 2, were indicted by a county grand jury on June 14, according to Assistant State’s Attorney Gina Cirincion.
Both were indicted on charges that included first- and second-degree murder, armed robbery, robbery criminal conspiracy and theft in the April 20 death of Steven Andrew O’Brien in his Randolph Avenue apartment, court records said.
A convicted felon, Usher also faces several firearm charges.
Jenaro J. Torres, also of 19 Broadway, Apt. 2, is charged with first- and second-degree murder, armed robbery, robbery, theft and criminal conspiracy, court records said.
His case was moved to Circuit Court after he waived his preliminary hearing in District Court, Cirincion said.
All three cases were originally filed in District Court, but by filing the indictments against the adult defendants, the prosecution was able to transfer them to Circuit Court, where felony cases, such as murder, are eventually tried.
Torres is tentatively scheduled for a hearing on July 3 in Circuit Court to determine whether he will be tried as an adult or his case will be transferred to juvenile court, his attorney Bernard W. Semler II said Thursday.
Usher and Gonzalez are being held without bail in the Washington County Detention Center. Torres is being held in the Western Maryland Children’s Center.
The trio were arrested when the vehicle they were in was pulled over by undercover officers in front of the Washington County District Court building on Antietam Street on May 22.
They are accused of driving to O’Brien’s house on April 20 to rob him of marijuana, according to the charging documents filed by Hagerstown police.
O’Brien had sent a mass text message that day saying he had marijuana to sell, the documents said.
Usher and Gonzalez went into the apartment while Torres waited in the vehicle. Usher put a gun to O’Brien’s head, and he was shot during a struggle in the living room, the documents alleged.
The gun was registered to Gonzalez’s girlfriend, and the shell casing found at the murder scene was a match to one filed with the Maryland Automated Firearms Services System, the documents said.
Newly purchased firearms in Maryland come with two test-fired casings from the manufacturer that are maintained by the Maryland State Police Forensic Division for comparison with casings found at crime scenes, the documents said.