Indictment: ETX suspect in Colorado murder allegedly shot victim - KLTV.com - Tyler, Longview, Jacksonville |ETX News

Indictment: ETX suspect in Colorado murder allegedly shot victim, stole drugs

(Source: Smith County Jail) (Source: Smith County Jail)
TYLER, TX (KLTV) -

An indictment has revealed new details about a Colorado murder case involving an East Texas man. 

Joshua Scott Binns, 33, of Tyler, was arrested May 12 by Tyler Police Department officers. He is suspected of the November 2016 murder of Charles Polzin, who was fatally shot.

KLTV contacted the Denver District Attorney's office to learn more about the alleged murder that took place in Colorado. 

The indictment states that Joshua Binns "unlawfully, feloniously, and with the intent to cause death of a person other than himself, caused the death of Charles Polzin."

In November of 2016, Joshua Binns, along with Mackenzie L. Fay, Ryan Arellano, and Seth Michael Binns attempted to commit a robbery. According to the indictment, Polzin was shot with a handgun after the four individuals robbed him of marijuana and money. 

The indictment states that Polzin was in possession of a large amount of marijuana he wanted to sell. Polzin sought the help of his son and girlfriend to help him distribute the drug. 

According to the document, Joshua Binns, Seth Binns, Fay, and Arellano all planned to rob Polzin of the marijuana. 

On Nov. 8, Polzin left Loveland, Colorado to meet Joshua Binns in Denver to sell the drug. He had two other people with him in the vehicle. In his possession, Polzin had two duffle bags filled with several pounds of marijuana, along with an electric money counter. 

After pulling up to the location on North Clayton Street, Joshua Binns reportedly approached Polzin and asked, " Hey you ain't gonna rob me are ya?" 

Polzin responded "Nope, are you gonna rob us?" 

According to the indictment, Joshua Binns then pulled out a .40 caliber handgun and began to shoot into the pickup truck at the direction of Polzin. A second person in the vehicle, whose identity has not been released, fled the scene.

The third person, whose identity has also not been released, was also was shot during the incident. That person attempted to flee and was shot several times while attempting to run away. Doctors determined they were shot seven times.

As the person was laying in the front yard injured, the document says two men came up to them and demanded to know where the drugs were saying, "Where is it? Don't be a hero."

The victim told the suspects the drugs were in the vehicle and to take them and leave.

About 9 p.m. Denver police were dispatched to North Clayton Street where they pronounced Polzin dead at the scene. An autopsy revealed that Polzin died of multiple gunshot wounds as the result of a homicide. 

Tyler police say they believe Binns has been in the area for several weeks. 

Binns is currently in the Smith County Jail and is awaiting transfer to Denver.

Related: Man wanted for murder in Colorado arrested in Tyler

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