By Michael Rellahan, Daily Local News
Posted: 03/02/17, 6:53 PM EST | Updated: 4 days ago
WEST CHESTER >> A Common Pleas Court jury on Thursday found a West Chester man guilty of third-degree murder in the shooting death of borough high school student during a “sham” drug deal the man allegedly engineered, acquitting him of the more serious charge of second-degree murder.
The jury of seven woman and five men took about 5 1/2 hours before returning with their verdict against Gerald Dwight Myers, who witnesses testified had put together the idea to rob 17-year-old Cristian “Freddy” Santiago, a small-time drug dealer who he allegedly had earlier tried to rob with a BB-rifle.
The verdict was a blow to the prosecution, which had presented a strong case that Myers was guilty of so-called felony murder, which would have meant a life sentence for the defendant. The panel had asked questions about the legal definition of robbery before coming back with its surprising verdict around 5:30 p.m.
According to authorities, in August 2015, Myers arranged for a cousin, Darrell Woodward, to bring a handgun with him to use in threatening Santiago to turn over what Myers believed would be 1/4 pound of marijuana and $600 in cash during a planned robbery, according to testimony. But when Santiago seemed to resist the threats, Woodward allegedly pulled his gun and fired it once into the teenager’s chest, killing him.
Myers, 20, was also convicted of robbery and criminal conspiracy. He now faces sentencing by Judge James P. MacElree II, who oversaw Myers’ trial this week in his courtroom in the Chester County Justice Center. The jury’s decision was witnessed by more than a dozen of Santiago’s family members and friends, who had lined the prosecution side of MacElree’s courtroom for all of the four days of testimony this week.
Defense attorney Albert C. Sardella of Coatesville, discussed the verdict with the jurors after their decision was announced, but declined to characterize their reasoning behind it. “We are just grateful for the jury’s careful deliberations,” he said.
In his closing argument to the jury, Sardella warned the panelists to be wary of the prosecution’s case for second-degree murder since he said it was tainted by witnesses who were themselves involved in Santiago’s death but who had made deals with the prosecution for favorable sentences.
Those co-conspirators had all pleaded guilty to third-degree murder, and are serving sentences of less than 20 years in prison rather than the life term Myers faced.
“This was a case that was built by government manipulation,” Sardella said in his 30-minute closing argument. “Government manipulation of the facts, and government manipulation of witnesses. Before you feel comfortable convicting this man of murder of the second degree, you need to be convinced beyond a reasonable doubt.”
The witnesses against Myers, including his friend Collesha Miller, his cousin Bryan Stevens, and friend Onray Winfield, each had changed significant portions of their stories or had reason to adopt the prosecution’s version of events to achieve their lenient sentences, Sardella said. “There are no eyewitnesses (to the shooting) who didn’t have something to gain by testifying,” he argued.
Sardella said Myers, who was only 19 at the time of the shooting, was a “young and scared” teenager when the incident occurred. “There is nothing to suggest that he had any idea that Darrell Woodward would have a gun that would go off and kill Cristian Santiago,” he said.
Meanwhile. Deputy District Attorney Thomas Ost-Prisco, who led the prosecution, urged the panel to find Myers guilty of the second-degree murder count even though the defendant had not personally pulled the trigger. Myers, he said, put the plot in motion by making sure his accomplice, Woodward, 21, of Coatesville, be armed.
“What this case comes down to is the answer to one question,” Ost-Prisco said. “Why bring a gun to this crime? You don’t need a gun to commit a robbery. You could have beaten him up, taken his drugs, and left him in the woods to walk home.
“But (Myers) wanted a gun,” Ost-Prisco continued. “He asked for the gun because he wanted violence. He wanted a guarantee. He is the one who wanted this to happen. Every decision that was made in this case was made by Gerald Myers.”
Ost-Prisco could not be contacted for comment.
According to the prosecution’s case, the events leading up to Santiago’s death began in the afternoon of Aug. 20, 2015, when Myers saw Santiago — a popular student at the B. Reed Henderson High School in West Chester — walking down West Washington Street in the borough and told Winfield, who was sitting in a car with him, “I’m gonna stain that guy later.”
Myers then allegedly started talking with Winfield about setting up a sham drug deal with Santiago, who was known to sell marijuana. Myers said he was going to “beat him up,” and get his cousins from Coatesville to “bring guns, throw him in a car, and shoot him.”
Winfield, then 19, later related the story to investigators in the case — Chester County Detective Sgt. Michael McGinnis and West Chester Police Detective Andrew McFarlane — in an interview that was recorded a few hours after the shooting.
Santiago’s lifeless body was found at approximately 10:20 p.m. on the side of the road in the 700 block of Hillsdale Road, a block or so west of the Chester County Art Association, near the Bradford Square townhouse development. A passing motorist had alerted police to the body, thinking it may have been a pedestrian who had been struck while walking on the unlit stretch of road.
In his statement, Winfield did not tell police why Myers had a grudge against Santiago or wanted to harm him. But he said that after talking about the plot with Winfield in his car, Myers came to a house on West Washington where he was visiting a girlfriend and announced that it was “time to do this.”
In her testimony this past week, Miller said that there had been jealousy of Santiago because he had been “flexing” on social media, showing off the results of his drug dealing business. There had been an earlier attempt at a robbery of Santiago that failed, she said.
Winfield, who police learned had been discussing selling marijuana with Santiago via Twitter messages and cell phone texts, contacted Santiago via Twitter and asked him if he could get a “grizzle,” street drug code for a gram of marijuana. According to the criminal complaint filed in the case, Winfield told the detectives that Santiago agreed to meet him at the LukOil convenience store at the intersection of West Wayne Avenue and Hannum Avenue, not far away.
Winfield then met Myers and told him the plan had been made, and saw Myers leave the house wearing a black puffy coat, a red bandanna, a black shirt, black pants and black shoes, saying he was leaving to meet his cousins.
According to his statement, Winfield said that Myers returned about 15 minutes later and said that Santiago was dead. He said that Myers pants were bloodied, and that he was no longer wearing the black coat or bandanna.
In his statement, which was recorded, Myers acknowledged that he worked with Winfield to plot the robbery of Santiago and was in his cousin Stevens’ car when the shooting took place.
According to the complaint, Myers said that Stevens drove his VW Passat to the convenience store and Myers got into the back seat. Santiago came over and climbed into the read passenger seat. The car left and drove east on Wayne Street. As they pulled away, Woodward asked Santiago to see the marijuana they were to buy, but that when Santiago produced it, the pair began struggling over the plastic bag. Then Woodward allegedly shot Santiago.
“Myers said they were in the area of Culinary Deliveries which is located at the intersection of Gay Street and Wayne Street when Woodward shot Santiago,” the complaint reads. “Myers stated that after they shot Santiago, they searched his pockets after he was slumped over in the back seat.” They drove to a secluded area — on Hillsdale Road — and stopped.
“Myers then dragged Santiago out of the vehicle and put him on the ground in the grass,” the complaint states. He said he thought he was dead when they left. The three men got approximately 1/4 of an ounce of marijuana, and $30 in cash.
Woodward is still awaiting trial.
To contact staff writer Michael P. Rellahan call 610-696-1544.
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