According to Homicide investigators, on Wednesday, November 6, 2002, at approximately 6:35 a.m., the victims were approached by two black males in a grey Ford Focus, four door, bearing a temporary tag. The subjects first asked for directions and then drove away. Seconds later, the same vehicle returned to the area where the victims were standing. The front passenger of the vehicle exited with a firearm in his hand and stated, “It’s a robbery.” The subject then placed the gun to Mr. Figueroa’s head and attempted to remove the victim’s wallet from his back pocket. Unable to remove the wallet, he proceeded to strike Mr. Figueroa on the head with the firearm. In fear for his life, Mr. Carrero fled from the scene on foot. The subject then fired his weapon multiple times missing Mr. Carrero. He then pointed the firearm at Mr. Figueroa and fired one shot, striking him in the abdomen.

Mr. Zambrano then began to struggle for the subject’s weapon. During the struggle, the subject bit Mr. Zambrano on his shoulder and his New York Yankees baseball cap fell to the ground. In order to stop the subject from firing any more shots, Mr. Zambrano placed his finger behind the trigger, making the firearm inoperable. Unable to regain control, the subject left the firearm on the scene, re-entered the subject vehicle, and fled the scene.

Mr. Figueroa, who had been shot in the abdomen, was transported to Jackson Memorial Hospital for medical treatment and died as a result of his wound. Mr. Figueroa was pronounced deceased on December 18, 2002. An autopsy was performed by the medical examiner who ruled the cause of death as medical complications due to a gunshot wound to the abdomen, and classified the manner of death a homicide.

During the course of the investigation, DNA evidence recovered from the subject’s baseball cap positively identified the subject as Thomas Garrard Burton. A records check revealed that he was currently in custody in Berks County, Pennsylvania on an unrelated charge. On Wednesday, May 7, 2014, Homicide Detective Denmark and Sergeant Solis interviewed Mr. Thomas Burton at the Berks County courthouse. Mr. Burton admitted to his involvement in the armed robbery and murder of Mr. Figueroa, and was charged accordingly.