It was a home invasion that left an 83-year-old man dead. Now, a local jury is hearing evidence that could send the accused killer to death row.
John Herda was a respected business owner who was gunned down inside his guard-gated home two years ago. News 3's Denise Rosch was in court as his family members were asked to relive their worst memories.
John Herda, Jr. says murder was the last thing on his mind when he found his elderly father John Sr. dead on the floor of his Spanish Oaks home in August of 2006.
The founder of Herda's Appliances had just buried his wife three months earlier. And his son says he though his dad may have done something drastic.
"A lot of things go through your mind," explains John Jr. "I thought he took his own life, but that wouldn't be him."
Police quickly determined that what had happened was no suicide. A kicked-in rear door and an open safe were evidence of something much more sinister.
"They came out and said, your dad didn't kill himself, it was a home invasion and he was killed," recalls John Jr.
Police would also learn that Herda himself had managed to fire off a few shots at the intruder.
Prosecutors say Bryan Crawley is responsible for the murder. They believe he was looking for cash and didn't expect a fight from the much older man.
Prosecutors say the evidence will show that Crawley went to Mexico during the days following the murder and had a doctor there remove a bullet from his body - the same caliber as the gun fired by John Herda.
Defense attorneys, however, say it's not enough for a conviction.
"There's an absolute absence of anything physical tying Mr. Crawley to the scene," claims Tony Sgro, Crawley's attorney.
Along with murder, Crawley has also been charged with numerous other crimes, including a stabbing, a beating, and a high speed chase with police.
"Once you sit here and hear all the evidence, there is simply no doubt he is the murderer of John Herda," says prosecutor Marc DiGacamo.
It's a pattern of behavior prosecutors plan to prove deserves the death penalty.
