PHOENIX — A Valley man who called 911 to report a home robbery last month that ended in the deaths of two people has been arrested for allegedly being in on the crime, records show.
Tommy Banegas, 41, was arrested Tuesday and is facing criminal charges in relation to the deaths of a 16-year-old boy and 24-year-old Jovanni Burciaga.
On Dec. 17, the teenager and Burciaga sustained fatal gunshot wounds near 7th Street and Southern Avenue. Officers reported finding masks, gloves, backpacks and firearms near the bodies of the deceased, court records show.
Banegas had called 911 and told police he was visiting a residence on Pecan Road when two masked individuals with guns came into the garage and robbed the home. The home's resident told police the masked men went inside the residence, stole some property and fled.
As the alleged robbers were fleeing, the resident grabbed his gun and fired at them. The resident was injured while the gunfire was exchanged and the two young men were killed.
Banegas was able to run away and get back to his house where he called the police, court records show.
Investigators later learned that Banegas was a cousin of the deceased 16-year-old and that Burciaga had been living with Banegas.
In an interview with police, Banegas allegedly denied knowing either of the deceased subjects. He claimed he went to the Pecan Road residence that evening to conduct a transaction and that's when the two masked people ambushed them and stole their property — including the keys to Banegas' vehicle.
Records show that Facebook messages exchanged between Banegas and his cousin suggested Banegas allegedly knew about the planned robbery before the night of Dec. 17.
Investigators additionally reviewed security surveillance footage that allegedly showed Banegas fleeing from the robbery and then "casually walking" to the roadway.
"It did not appear Tommy was in fear of his life," investigators wrote in a report.
Banegas denied involvement in the incident. He's now facing charges of conspiracy to commit murder, conspiracy to commit armed robbery, and conspiracy to commit burglary.
Arizona law allows for someone to be charged with murder if they participated in executing a crime that resulted in a death.
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