Four men whose arrests in a string of bank robberies led to the fatal shooting of an FBI agent will not face federal charges connected to the agent's death, authorities said Friday.
A bank robbery indictment was handed up Friday against three of the four suspects. None of the charges in the 11-count federal indictment relate to the death of Special Agent Barry Lee Bush, who was part of a stakeout attempting to catch men believed responsible for four armed bank robberies in central New Jersey.
The FBI, which is still investigating the incident, has said it appears Bush was shot when another agent's weapon discharged accidentally.
There is no federal law that would allow the men to face indictment in connection to the agent's death, in part, because the death did not take place on federal property, said Michael Drewniak, a spokesman for the U.S. attorney's office, which presented the case to a grand jury in Newark.
The agent's death, however, can be a factor in determining a sentence, which could add to the decades in prison the suspects face if convicted.
All three men indicted, Wilfredo Berrios, 28, Francisco Herrera-Genao, 22, and Efrain Lynn, 21, face a single conspiracy count, four bank robbery charges and four weapons charges.
Berrios and Herrera-Genao also face a charge of attempted bank robbery and a weapons charge stemming from what authorities said was a bid to rob the PNC Bank in Readington on April 5.
The fourth suspect, Michael Cruz, 21, was not indicted, but appears to be named as a coconspirator. That often indicates a suspect is cooperating with investigators and working on a plea bargain. Drewniak declined to comment on his status.
Messages seeking comment from lawyers for the four men were not immediately returned.
The heists netted $87,615 in February and March, authorities said.
Acting on a tip, a special FBI task force followed them to the branch. As agents confronted the trio outside, Bush, 52, who lived near Easton, Pa., was shot and killed.
Berrios and Cruz were arrested there. Herrera-Genao fled on foot and was captured 21 hours later a few miles away after a manhunt involving 300 police officers. Lynn was arrested elsewhere.
All four, who lived in New Brunswick, have been held in federal custody without bail.