Last defendant in botched Elyria Swansea marijuana heist that led to murder pleads guilty
Joshua Scott Binns, 33, who was accused of killing a man during a botched marijuana heist, on Friday pleaded guilty to second-degree murder and a crime of violence and now faces up to 48 years in prison.
First-degree murder and felony murder charges that were originally filed against him for the Nov. 8, 2016, shooting death of Charles Polzin, 50, were dismissed as part of the plea agreement, the Denver District Attorney said in a news release.
Binns’ three co-defendants — Seth Michael Binns, 27, Ryan Arellano, 28, and Mackenzie Fay, 24 — on Tuesday entered guilty pleas to various robbery charges in agreements that led to dismissal of felony murder charges.
All four people will be sentenced on April 20.
According to the Denver Grand Jury indictment issued on May 10, Polzin came into a large amount of marijuana that he wanted to sell and reached out to Fay on Facebook, asking if she was interested in the pot. Fay and the three men agreed to meet Polzin, his son, and his son’s girlfriend in Denver’s Elyria Swansea neighborhood.
The Polzins drove from their home in Loveland to an address in the 4700 block of Clayton Street where they met the defendants.
“Joshua Binns approached and asked, ‘Hey, you ain’t gonna rob me are ya?’” the indictment says. “Charles Polzin responded, ‘Nope, are you gonna rob us?’”
At that moment, according to court documents, Joshua Binns pulled out a .40-caliber handgun and unleashed a hail of bullets at Polzin and his son. The son, who was not identified in the indictment, was seriously wounded. Polzin died at the scene.
According to the indictment, cigarette butts found near Polzin’s vehicle, which was parked nearby, had Joshua Binns’ DNA on them. Investigators also analyzed text messages between members of the indicted group in which they allegedly talked about the crime.
Binns brothers, Fay and Arellano were arrested May 12, in Tyler, Texas.
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