HOMICIDE
One year later, felony law may bring justice
A year after an alleged robber from North Miami was killed by his victim in Lake Worth, his Broward accomplices face murder charges.
BY ELIOT KLEINBERG
Palm Beach Post
Three men, including a registered sex offender, drive from Broward County to a Lake Worth amusement park for a robbery, according to authorities.
Their intended victim, in a struggle, kills one of the assailants with his own gun.
The other two return to Broward, where they kidnap their dead partner-in-crime's girlfriend and her 3-year-old daughter before getting arrested.
Now, a year later, under the state's ``felony murder'' law, one of them has been brought to Palm Beach County and charged with his alleged accomplice's death.
The second is in the Broward County Jail, awaiting transfer on the same charges.
Ralph Gutierrez, 29, of Lauderdale Lakes, was booked Wednesday afternoon into Palm Beach County Jail on a warrant issued March 9, documents show.
He is charged with second-degree felony murder with a firearm and attempted armed robbery in the Nov. 16, 2008, death of Edner Eustache, 27, of North Miami, at the Fun Depot.
Gutierrez was transferred from the Broward County Jail, where he has been since his arrest.
The second alleged accomplice is not identified in the report, but Broward documents identify him as Dante Coats, 24, of Parkland, and confirm he faces the same Palm Beach County charges as Gutierrez.
A bond hearing for Gutierrrez is scheduled for Friday in Palm Beach County Circuit Court.
ROBBERY GONE WRONG
According to a Palm Beach County Sheriff's Office affidavit, Gutierrez, Eustache and the third person, Coats, came from Broward to commit a robbery.
The robbers drove the company van of Coats' father, the report said.
Aaron Bazan, 27, of West Palm Beach, told investigators that Gutierrez, a distant cousin, called him to say he was on the way to the Fun Depot, 2003 10th Ave. North.
Bazan said that when he met Gutierrez near a trash bin outside the park, he started to shake hands, but Gutierrez grabbed his hand and the two other men stepped out.
One, armed with a handgun -- the report doesn't say which -- demanded Bazan's wallet.
Bazan said that as the two men tried to rifle through his pockets, he got hold of the gun and he and Eustache struggled before tumbling down.
The gun went off, and Bazan crawled out from under Eustache, ran to his car, and drove off with his girlfriend, the report said.
Eustache, struck twice in the upper body, was taken to Delray Medical Center, where he died the next morning.
KIDNAPPING
Gutierrez and Coats drove back to Broward, where they ransacked Eustache's hotel room and ordered his girlfriend to tell them where he might have money, the report said.
They then grabbed the girlfriend, Darline Gabriel, and her 3-month-old daughter Cally, and forced them to another hotel, saying they feared authorities would track them to the first one.
But the woman was able to call the front desk and have the clerk call police.
The Palm Beach County report does not say whether the child was Eustache's daughter.
Broward prosecutors say Gutierrez and Coats were each charged with two counts of armed kidnapping and one of attempted robbery with a firearm, and Coats with carrying a concealed firearm.
Gutierrez later confessed to the Fun Depot robbery, the Palm Beach County report said.
According to state law, if someone dies during a felony, any of the people who perpetrated the original crime can be charged in his death.
According to Florida Department of Law Enforcement Records, in February 2002 Eustache registered in Broward County as a sex offender who had assaulted a minor.
Palm Beach Post staff writer Michael LaForgia contributed to this report.




















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