Probable cause affidavits reveal more details in Elkhart attempted burglary
Posted: 10/23/2012 at 1:15 am
By: Sharon Hernandez
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Blake Layman 10/4/2012 (Photo Supplied)
Jose Quiroz 10/5/2012 (Photo Supplied)
Levi Sparks 10/9/2012 (Photo Supplied)
ELKHART — Jose Quiroz, one of four teenagers charged with felony murder from the attempted burglary at 1919 Frances Ave., told police one of his friends had a gun in his possession during the break-in, according to court files.
Three probable cause affidavits, filed in open court Friday, reveal that Quiroz, 17, told police he and Blake Layman, 16, armed themselves with knives from the homeowner’s kitchen. He also told police that Anthony Sharp, 18, was carrying a .22 caliber handgun.
Levi Sparks, the other teenager charged with felony murder, was with the group prior to the attempted burglary, planning to break into the residence. He was acting as lookout for the group.
Quiroz, Layman, Sparks and Sharp were charged with felony murder after their attempted burglary at the Frances Avenue residence Oct. 3, which resulted in the death of 21-year-old Danzele Johnson when the homeowner shot at them in self-defense.
According to the probable cause affidavit, Sparks told police the group, including Johnson, were at Quiroz’s home at 1922 Frances Ave. planning to “rob” the house across the street.
He said the other four in the group went across to the house while he stayed at Quiroz’s porch, and that’s when he heard a “boom” and then some gunshots, which prompted him to run across the street to the residence. He said he went inside the house and when he saw the homeowner on his phone pointing a gun at him and yelling “get out of my house,” he ran away.
On the day of the incident, police apprehended Quiroz, who had jumped out the window and ran down a couple blocks. They also arrested Layman, who was shot in the leg by the homeowner.
Sparks was arrested a few days after the incident, and Sharp was arrested a week and a half later, after a warrant was issued.
The day Quiroz was arrested, he told police they did not believe there was someone in the house at the time and that the homeowner had some gold they could steal, trade for cash and split equally.
According to juvenile court files, Quiroz had been arrested prior for two counts of receiving stolen property, possession of marijuana and operating a vehicle having never received a license.
Blake Layman probable cause affadavit
Jose Quiroz Jr. probable cause affadavit
Levi Sparks probable cause affadavit