McHugh
A Martinsville teen was sentenced to two years prison time for a robbery related to the Bargersville triple shooting that claimed the life of two teens on Christmas Eve of 2020.
Ethan Bell, 18, of rural Morgan County, and Tony Cristobal, 17, of Indianapolis, were shot to death at the Circle K, 9400 W SR 144, Bargersville.
The survivor, Devon McHugh, 19, of Martinsville, was charged with conspiracy to commit robbery, a Level 5 felony in August 2021. He pleaded guilty to the charge in March and was sentenced on Thursday in Johnson County Circuit Court to two years of prison time and two years of probation.
McHugh told police the three organized a drug deal to buy $400 worth of marijuana, but only brought $200, with plans to rob the individuals, according to a probable cause affidavit filed in Johnson County Circuit Court.
McHugh told the police he and his friend’s were unarmed and the plan was to pretend Cristobal’s cell phone was a gun. They didn’t think a real gun was needed because Bargersville and rural Morgan Country are safe areas. McHugh and Cristobal had participated in several other drug deal robbery plots without incident, court documents say.
This incident was fatal though.
When the robbery was initiated Bell was sitting in the middle of a red Chevy Cruze and two people were in the front of the vehicle, while McHugh was asked to step aside and Cristobal came into the car. McHugh didn’t hear what Cristobal said, but after he started talking to the people in the front of the vehicle, gunfire erupted, court documents say.
Sixteen shell casings were found inside the car where the teens were gunned down, along with several bullet holes. Additional casings, bullet impact marks and some broken glass were found at the scene, according to court documents.
Bell and Cristobal died at the scene, while McHugh survived with gunshot wounds in the leg and flank. McHugh’s attorney and mother said at the hearing on Thursday that McHugh still suffers in the aftermath of the shooting, as he has lasting nerve damage, and his mental health has worsened from the experience and the loss of his two best friends.
A plea agreement is a good outcome for the robbery portion of the case, Villanueva said in March. The statements that McHugh gave to police clearly lay out his part in the case and McHugh’s attorney requested a plea agreement, he said.
The prosecutor’s office agreed because McHugh’s lack of previous criminal history and because there are no circumstances that would not lead to more severe charges outside of the agreement, Villanueva said.
The agreement was an open plea, meaning that it was up to Circuit Court Judge Andrew Roesener to decide the sentence terms. Villanueva and McHugh’s attorney, Ron Gemma, Jr., laid out their reasoning why McHugh should or should not go to jail at the hearing.
Gemma argued that McHugh has shown progress in that he is currently clean of drugs, has a job, was recently married and he has recently taken on responsibility for caring for his wife’s child. McHugh’s mother spoke on his behalf in court and both Bell’s and Cristobal’s mothers sent letters in support of a lighter sentence.
“I don’t think he’s going to do something like this again,” Gemma said.
Villanueva argued that, while McHugh has a relatively clean criminal record, the fact that he committed robbery five times prior to this incident shows a troubling pattern. He also argued that, while McHugh is clean right now, he has only been clean for about a month.
Roesener said he debated on McHugh’s sentence Wednesday night and most of the day Thursday prior to the hearing. He was trying to decide whether it would harm McHugh more to go to jail or to avoid jail time.
In court, Roesener acknowledged that McHugh has already been through a lot and said putting a 19-year-old behind bars risks exposing them to bad influences. However, the seriousness of the crime, McHugh’s pattern of behavior and length of time in drug recovery made Roesener opt for jail time, he said.
“I have misgivings but I’m concerned you’re on a path that could get out of control … I think this would be the best path to right the ship,” Roesener said.
In August 2021, Bargersville police and the Johnson County prosecutor’s office representatives said there were leads on the identity of the shooter or shooters but there was not enough evidence to file additional charges or secure a conviction. That remains true today.
The shooting remains unsolved and the investigation into the shooting remains open, Bargersville Police Public Information Officer Jeremy Roll said Friday. Investigators are still pursuing any leads that come in an effort to eventually solve the case, he said.
The families of McHugh’s friends still have questions about the events leading up their loved ones’ deaths that might never get answered.
