December 20, 2006

Attorney General Corbett, PA State Police announce murder charges stemming from multi-million dollar theft ring investigation

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FERNRIDGE - Attorney General Tom Corbett, Monroe County District Attorney David Christine Jr., Luzerne County District Attorney Dave Lupas, along with Pennsylvania State Police officials, today announced that state troopers and Attorney General's Bureau of Criminal Investigation (BCI) agents were in the process of arresting three brothers charged in a $4.5 million theft ring and have charged one of the brothers, Gary Gerber Jr., with a 1993 homicide in Monroe County.

Corbett said a grand jury investigation began after the Pennsylvania State Police initiated an investigation into stolen trucks and heavy machinery throughout northeast Pennsylvania.  The investigation centered on three brothers, Gary Gerber Jr., Richard Gerber and Warren Gerber.

Corbett said as the investigation into the stolen property progressed, evidence was developed that linked Gary Gerber Jr. to the 1993 homicide of Robert Hagan in Monroe County.

Corbett said, "Not only has this investigation broken up a $4.5 million stolen property ring, but it has also resulted in homicide charges being filed against Gary Gerber Jr. in a 13- year old unsolved murder.  This investigation demonstrates the effectiveness of using the grand jury as an investigative tool." 

The Robert Hagan homicide

Corbett said the grand jury found that Robert Hagan was killed in the early morning hours of Aug. 8, 1993.  Hagan's body was found lying on Rim Rock Road, Hamilton Township, Monroe County.  Hagan died after receiving multiple stab wounds and being run over by a vehicle.  An autopsy found that the cause of death was crushing injuries to his head and chest as well as stab wounds to his back.

Corbett said the grand jury found that Hagan's vehicle was found the next day parked near his body.  An examination of Hagan's vehicle found that he had been stabbed inside of his car and had been run over by his own car.  Evidence also showed that someone had attempted to wipe clean the inside of Hagan's car.

Corbett said a State Police investigation revealed that prior to his murder, Hagan's car had been parked in a gravel parking area near the Interstate 80 overpass bridge on Rim Rock Road.  A blood trail of approximately 100 feet was found leading from the gravel parking area to Hagan's body located on a bridge of Rim Rock Road over Pocono Creek.

Corbett said a witness at a nearby Comfort Inn had heard vehicle tires spinning and then an impact noise at about 4:30 a.m.  An anonymous witness later telephoned and wrote the Pennsylvania State Police that around 4:00 to 4:10 a.m. a male was seen exiting a Ford pickup truck with New Jersey registration plates at the Comfort Inn parking lot in Bartonsville and entering Hagan's vehicle on the night of the murder.

Corbett said that the State Police found that Gary Gerber Jr., matched the description of the male and that he operated a Ford pickup truck which also matched the description of a truck provided by the anonymous tipster.  The Gerber family also owned a scrap yard approximately one mile from the murder scene. 

The grand jury found that Gary Gerber Jr. allegedly met Robert Hagan in the early morning hours of Aug. 8, 1993, stabbed him repeatedly then ran over his body with Hagan's car.  Gary Gerber Jr. then took Hagan's car to the family scrap yard, attempted to wipe the car clean and returned Hagan's car close to the body. 

Gary Gerber Jr. was arrested on Saturday night in Luzerne County without incident for the murder of Robert Hagan.

The grand jury found that from January 2004 through May 2006, the Gerber brothers stole approximately $4.5 million worth of vehicles, equipment and cargo throughout Northeastern Pennsylvania, New York and New Jersey.

Corbett said the grand jury found that Warren and Richard Gerber, along with others who assisted them, stole commercial vehicles, tractor trailers, cargo loads and heavy equipment.  Their brother, Gary Gerber Jr., operated a scrap business at various locations and some of the stolen vehicles and loads were taken to Gary Gerber Jr. or other scrap yards that Gary Gerber Jr. had a working relationship with.  At these locations, the stolen property would be accepted with minimal questions being asked.

The grand jury found that the Gerber's operation used a similar pattern in stealing vehicles and attempting to sell them or dismantle and scrap them.  Corbett said that Warren Gerber would often steal a commercial vehicle from either a truck stop, construction site or trucking business.  The charges allege that he would often conspire with his brother Richard and/or Gary to dispose of the trucks by either selling them, or when that was not possible, chopping the trucks and equipment down and selling them for scrap metal.

Corbett said the grand jury found that in October 2004, a Mack truck trailer valued at $15,000 and a stainless steal milk tanker valued at $60,000 were allegedly stolen by Warren Gerber from a Lebanon County truck stop.  The charges allege that Warren Gerber took the truck and milk tanker to a scrap yard in Lackawanna County where his brothers Gary and Richard cut up the milk tanker and allegedly sold the scrap to yards in Philadelphia and Lackawanna County.

The charges allege that they later cut up the Mack truck and Richard allegedly hauled the parts of the stolen Mack to a location in New Jersey. 

Corbett said that in November 2004 Warren Gerber allegedly stole a low-boy trailer valued at $33,000 from Binghamton, New York.  The trailer was loaded with a Mitsubishi bulldozer, a man-lift machine and General Dynamics Tomahawk missile simulator. The load had a value of more than $2,830,000. 

Corbett said the grand jury found that the Gerbers allegedly stole vehicles and equipment from Northampton, Monroe, Luzerne, Lackawanna, Lehigh, Schuylkill, Susquehanna, Montgomery, Lebanon and Berks counties.

Corbett said the Gerber brothers will be arraigned before Luzerne County Magisterial District Judge Diana Malast on the theft charges and that Gary Gerber Jr. was arraigned before Monroe County Magisterial District Judge Jolana Krawitz on the homicide charge, and is being held without bail.

Corbett said the Gerber brothers will be prosecuted in Luzerne County on the theft charges by Senior Deputy Attorney General Marc Costanzo.  Gary Gerber Jr. will be prosecuted on the homicide charge in Monroe County by Senior Deputy Attorney General Patrick Blessington.  

Corbett thanked the Pennsylvania State Police, District Attorney's Christine and Lupas, as well as numerous police departments throughout northeastern Pennsylvania, for their assistance in this investigation.

Below is a list of the charges against the defendants followed by a list of the stolen property:

- Gary Gerber Jr., 34, 710 C. Deberly Dr., Edwardsville, is charged with one count of criminal homicide, one count of possessing instruments of crime, one count of tampering with or fabricating physical evidence, four counts of receiving stolen property, one count of hindering apprehension or prosecution and one count of criminal conspiracy to commit receiving stolen property.

- Richard Gerber, 33, address unknown, is charged with 15 counts of theft by unlawful taking or disposition, 10 counts of receiving stolen property and one count of criminal conspiracy to commit receiving stolen property.

- Warren Gerber, 32, currently incarcerated in the Northampton County Jail, is charged with 41 counts of theft by unlawful taking or disposition, 5 counts of receiving stolen property, two counts of burglary and one count of criminal conspiracy to commit receiving stolen property.

(A person charged with a crime is presumed innocent until proven guilty.)

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