Crime Fix with Angenette Levy - Mom Shot and Son Executed in 'Wrong House' Burglary: DA

Starting point is 00:00:00 Wondery Plus subscribers can binge all episodes of this law and crimes series ad-free right now. Join Wondery Plus in the Wondery app, Apple Podcasts, or Spotify. The motive in this case was to steal guns, and they simply got the wrong house. A woman from Pennsylvania is shot and her adult son executed after the DA says they were the victim of a home invasion. Now the accused murderers are behind bars. I'll tell you how police caught them and why this case is such a tragedy. Welcome to Crime Fix. I'm Anjanette Levy. This case is absolutely unbelievable because it truly should not have happened.

Starting point is 00:00:40 I can say that anytime someone is shot, but this case is particularly awful. I'll start at the very beginning. Bernadette Gaudio was in her own home outside of Philadelphia on December 8th, minding her own business. Her 25-year-old son, Andrew Gaudio, was also there. DA Kevin Steele said that two days prior to that, a company called Junk Luggers had done an estimate on a house with a similar address to the Gaudio's home in Bucks County. The Gaudio's live in Montgomery County. That's a big difference. Big, big difference. They do not live in Bucks County. Junk Luggers is just what it sounds like. It's a junk removal company. The house in Bucks County that Junk Luggers employees visited

Starting point is 00:01:23 had a lot of guns. This is a photo of the area of the actual house with the guns stored in Bucks County that Junk Luggers employees visited had a lot of guns. This is a photo of the area of the actual house with the guns stored in Bucks County, not the Gaudio's home. Kevin Steele said that Calvin Roberts and Charles Fullforth had that information about the guns because they worked for Junk Luggers. Fullforth was Roberts' boss and described himself as a gun guy. Police wrote in an affidavit. During this investigation, Bernadette Gaudio was interviewed. Gaudio was asleep when she was awakened by a black male intruder wearing a black hoodie.

Starting point is 00:01:56 This male shot her without provocation while she was lying in her bed, and she became instantly paralyzed. Gaudio heard her son being shot at and believed he was struck because he yelled, what the F, what the F? Her son entered her bedroom to check on her when he was shot and killed. Gaudio did not hear or see her son struggle with any attacker,

Starting point is 00:02:19 nor did she recall him having anything in his hands. Gaudio stated she was shot again after her son was shot and killed in his hands. Gaudio stated she was shot again after her son was shot and killed in her bedroom. What Bernadette Gaudio described is absolutely horrifying. She used Siri on her phone to call 911. Police said she heard a second person downstairs and believed one of them took a PlayStation or Xbox along with a jewelry box. Police would later identify Kelvin Roberts as a suspect in the home invasion from this image taken from a police officer's dash camera as they said Roberts left the Gaudio's neighborhood as police were arriving. And police

Starting point is 00:02:57 say this image of Bernadette Gaudio's Grand Cherokee was captured as it was driven away from her home. It turns out the DA and police say that Calvin Roberts and Charles Fulforth, the men who worked at Junk Luggers, broke into the Gaudio's home looking for guns that weren't there. They went into the wrong house with bad intentions and shot an innocent 61-year-old woman as she lay in her bed and they executed her 25 year old son. And I say executed because Andrew was shot in the back of the head as he lay down on the floor of his mother's bedroom. Police say they have a mountain of evidence against Kelvin Roberts and Charles Fullforth, including text messages and their own words. On December 7th, the day before the break-in,

Starting point is 00:03:44 Fullforth sent Roberts a text that said, I got some info on this house yesterday. It was an estimate, two old people with a whole lot of guns down City Line Avenue. Then on December 8th and 9th, after the burglary and murder, Roberts texted Fullforth, I'm trying to slide to Jamaica ASAP. Whatever you send me, I'm gone. I need as much money as I can get. Police wrote that Fullforth admitted to being in the Gaudio's home and that the ghost gun found in his apartment was the gun used to kill Andrew Gaudio, and he told police it wasn't supposed to end this way. I'll get to more of the evidence here shortly. The Gaudio's friends and family

Starting point is 00:04:22 have set up a GoFundMe account for them. It has raised more than $250,000, which was the stated goal. Bernadette Gaudio's son, Robert, wrote, Hi everyone. I cannot find the words to explain how critical your support has been so far. If a text or call has gone unanswered, I promise it has not gone unnoticed. Mom is the strength of the family and she's pushing to fight every minute. While I continue to make a poor attempt at being the brains, I need to take a moment to recognize Andrew, our heart. Everyone who had the pleasure of spending more than a few seconds with him will carry a little of him for the rest of their lives.

Starting point is 00:05:01 Remember him well. Mom and I have such a long road ahead. I have no idea where it will take us or how long it will take. Thank you for being there with and for us. The cases I cover each day here on Crime Fix show you just how scary the world can be. And one of the scariest things that can happen is if you ever get hurt. But I want you to know if you're ever seriously hurt or in an accident, your case could be worth millions. And that's where our sponsor Morgan & Morgan comes in. The firm has more than 1,000 lawyers who will fight for what you deserve, and they have the track record to prove it. In the past few months, Morgan & Morgan has won some big verdicts like $12 million in Florida, $26 million in Philly, and $6.8 million in New York. All were much higher than the highest

Starting point is 00:05:44 insurance company offer. Seeing if you have a case can be done in eight clicks or less, million in Philly and 6.8 million in New York. All were much higher than the highest insurance company offer. Seeing if you have a case can be done in eight clicks or less, and you don't even have to leave your couch to start one. Also a really great thing, you only pay Morgan & Morgan if you win. There are no upfront fees. So if you're ever hurt, you can easily start a claim at ForThePeople.com slash CrimeFix. I want to bring in Enrique Letoison. He is a defense attorney based in the Philadelphia area. Enrique, your first thoughts on this case. I mean, it seems to me that the evidence that police and the DA have collected is overwhelming.

Starting point is 00:06:19 Well, actually, my first thoughts on the case was this is a pretty horrific situation. You know, as a defense attorney and handled over thousands of cases over the years or going back 20 years, you know, sometimes you see a case and it kind of just shocks you to your core, even though you, I've been exposed to many different situations, many different cases. I've read many different affidavits over the years. But when you look at this kind of case, you know, type of case that, you know, it's just everyone's kind of worst nightmare to be in a situation where you know someone is simply you know sleeping in their bed and here come some uh individuals and from you know the evidence that they seem to accumulate so far because you know there is a surviving witness in this case uh

Starting point is 00:07:00 only due to the medical team at lincoln hospital. You know, you look at a situation where, you know, someone is just being attacked while being in their bed. You know, there is an overwhelming amount of evidence in this case due to, I think, the crime being so horrific. You know, you could tell the police forces joined together to work together to quickly gather as much evidence as they could in this particular case. And I do want to kind of touch on some of this evidence that, you know, that they've got. I mean, they have cell phones, three cell phones that were taken from the home. Those were found in Charles Fullforth's home, or at least similar ones. They have cell phone technology, you know, evidence that they've gathered from the perps cell phones that they say puts them in the area. I mean, we have photographic evidence. We have dash cam video of one of the people leaving the scene. And then the, the, you know, with the, the one suspect,

Starting point is 00:08:07 we have the girlfriend who owned the car, her son basically saying, oh my gosh, that's Kel. I mean, there, there are all of these moving parts and it's just, it's, I don't know how you defend this case. Well, I think in a case like this, I mean, you know, first thing I'm going to say about the cell phone evidence is us as American citizens, you, me, everyone that's listening to this right now, we agree to carry trackers around. Essentially, we carry trackers around with us all day long. And those are our cell phones. And as soon as the police go to investigate a crime, the biggest tool they have is they reach out to the cell phone company with the subpoena. And the cell phone company tells law enforcement exactly where you were, where your phone was all day long, where it went, how far it went. And what they've done in this case and what they do in a lot of cases, they will watch a phone travel with another phone that might be a suspect. In some situations, it's a victim. Sometimes someone's been kidnapped and

Starting point is 00:09:10 that person has a cell phone. And what they do is they track the phones together. They can see it go from one area to another area to another area. So, you know, when you look at cell phones, I mean, yes, they are, you know, it's great for technologies for us to be able to reach out and use the phones like we do in our society. But they also are tracking devices that are used and a great tool for law enforcement. And in this particular case, when you look at trying to defend it, I mean, you know, you know, you're looking at obviously in this case in Pennsylvania, a first degree murder case. First degree murder case in Pennsylvania is life without parole. Unlike other states where life might be 25 years or life may mean a certain amount of years, Pennsylvania, life means life. You don't leave unless you're in a box.

Starting point is 00:09:55 And second-degree murder in Pennsylvania means a murder that takes place during the commission of a felony. And in particular case, the felony would be burglary, robbery, aggravated assault, murder, all those things. So murder two in Pennsylvania is also life in prison without parole. So in this particular case, you basically have two suspects that they have enough evidence to get either a first degree or a second degree,

Starting point is 00:10:23 which is life without parole in Pennsylvania. You know, one of the things that's so stunning to me about this, and it kind of freaks me out about these junk removal companies, both of the suspects, Fullforth and Calvin Roberts, they worked for junk luggers. And so, I mean, they essentially got information about this other house. It was the so-called wrong house, even though there's no right house, right? I mean, no matter what, they were going to break in and steal goods. They were going to steal guns. And so they break into this house. And for whatever reason, according to the affidavit, Charles Fulford says things go sideways. It wasn't supposed to end this way. And he doesn't admit it, but he admits to being in the house with a gun. And the mom,

Starting point is 00:11:22 thank God, survives, even though her son was murdered. But Calvin Roberts said, full forth told me he shot the mom, you know, he shot her. And so he admits to having a ghost gun in there, which is a whole separate issue. I mean, he apparently had a 3D printer in his apartment, printed this gun up. Potentially they match it to the rounds that killed Andrew Gaudio. I mean, this case just I mean, can't get more horrific. But, you know, it's all about they went to the wrong the so-called wrong house. I just don't. Wow. Your thoughts on all of that? Well, first thing I'm going to tell you is that, you

Starting point is 00:12:06 know, Junk Luggers is a company that, you know, hiring felons in situations to give people opportunity to get employment, to be able to work. So the first issue, major issue I have is that, you know, this type of thing, you know, has a chilling effect on all the, you know, felons or all the people that are trying to get a second chance in life or trying to be employed who may not be employed for other than the job as a mover or someone handling junk. Opportunities for folks that have been convicted of crimes in the past are very limited for the type of employment that they can get. So here you have a company that is basically, you know, going to have a chilling effect of, you know, other people may not want to hire these type of companies where, you know, you may keep people from being able to get jobs in the future because here's a company that's supposed to be, you know, the owner is a former felon,

Starting point is 00:13:01 the other co-defendants are former felon, and here they are supposed to be doing legal work. And instead, they're plotting and looking for potential hit jobs. And, you know, the other interesting thing, if you live in this area, the difference between Bucks County and Montgomery County is huge. And you got to wonder, I mean, what kind of, you know, bubbling idiots would just would get this thing mixed up. And you brought up another important point, which is this. There's a third person who's probably liable for a crime in all this and maybe getting arrested in this. You know, this third person who reported this information to the owner to tell him about this place with the guns. Also, there was a person who gave money to

Starting point is 00:13:45 the to the to the one defendant um based on the stuff that was being sold so i would probably think that they're not done um arresting other parties in this case because it looks as though maybe somebody was supposed to be doing an um an innocent estimate might have been involved with scoping for potential head jobs. And yes, there is never a right house or a wrong house. But you have a 25-year-old gets executed who's calling for his mom, who says, and we only know this because she survived, is that she was shot without provocation. She wasn't fighting anybody. She wasn wasn't doing anything she was simply 61 years old laying in bed and all of a sudden she just shot in bed and her son comes like any good son or family member would do to come to assist and he's executed including shot in the back of the head so when you look at the whole case you know it's horrifying it's chilling it could stop you

Starting point is 00:14:43 know it could hurt other people looking who work in an industry who can't find other jobs or employment because of what these guys did. Yeah, I mean, Andrew Gaudio, my God, I mean, that poor kid, I mean, he's 25 or he was 25. But his mother, I mean, him being shot as his mother is shot, he's shot and killed. Kevin Steele says he was executed. And you're right. I want to go back to what you said about how there could be more arrests coming. Kevin Steele believes, you know, there could be more there. And he wants to know if, you know, there's more going on with junk luggers and if there have been other crimes committed. And, you know, they did quote like a confidential source of sorts who had been providing some information. It kind of makes you

Starting point is 00:15:30 wonder, did somebody at the company kind of tip the cops off too? Maybe they were like, oh my gosh, I told them about this. It's just a tragic case. You know, Bernadette Gaudio is recovering in the hospital. Family members and other people commenting on the GoFundMe said that she's been able to keep her sense of humor about her, which is stunning given the circumstances, and we hope she'll recover. But where do you see this case going? Do you see the DA taking this to trial, or do you see these defendants, depending on how pre-trial motions work out and things like that, throwing themselves on the sword

Starting point is 00:16:11 and just trying to get the best deal they can? I see them throwing themselves on the sword. I mean, they both confessed, which is interesting. They both confessed and they both implicate each other. So what's interesting about this case is, while they go and commit such a horrific crime, they're also so willing, once they come in contact with law enforcement, to confess and to point the finger at each other and to kind of try to downgrade themselves a little bit about their involvement,

Starting point is 00:16:38 but at the same time admitting to still participating in a felony. So no matter how you look at it, a felony, a murder to in Pennsylvania still deals with committing a felony and during the commission of felony, a murder takes place. So, you know, I can't imagine the district attorney's office coming down from a first or second degree. I can't imagine them coming down from life in prison because it's guaranteed mandatory. It's mandatory in Penn Span. So the district attorney has no other option. A murder one, a murder two conviction is mandatory life. The only thing they could offer is maybe a murder three. A murder three could be 20 years in prison. However, that's normally in a situation where the district attorney is going to need

Starting point is 00:17:26 maybe the testimony of one or the other to get two convictions. But in this particular case, they both confess. And they confess and they talk about each other. So there are rules and evidence that don't allow certain admissions from the co-defendants to be used against each other. But if you scrap that and you just use their own words against themselves,

Starting point is 00:17:48 if you redact their confessions only to use the part where they talk about themselves, it's enough to get convictions. So I can't imagine that the district attorney's office would be motivated in any way, shape or form to do any kind of plea bargain in this case, because it is what it is. And for a crime that's so horrific, I don't think as a policy that they would look to plea bargaining or downgrading in this case. Yeah, most certainly not. Enrique Letoison, we'll keep an eye on it.

Starting point is 00:18:19 Thank you so much for joining me. I really appreciate it. Anytime. And that's it for this episode of Crime Fix. I'm Ann Jeanette Levy. Thanks so much for being with me. I'll see you back here next time.

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Crime Fix with Angenette Levy - Mom Shot and Son Executed in 'Wrong House' Burglary: DA

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Crime Fix with Angenette Levy - Mom Shot and Son Executed in 'Wrong House' Burglary: DA

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