Bernardo Tercero

Background

Bernardo Aban Tercero was born on 8/20/1977. He was a 23-year-old at the time of being received and received on 12/13/2000. He had an education level of 12/13/2000. He was Hispanic, male, with black hair, brown eyes, and was 5 ft 8 in and 168 pounds. His county of origin was Native County, and his native state was Native State. He previously worked in Chinadega, Nicaragua as an auto mechanic and laborer. He had no prior prison record. He had no stated prior prison record.

Tercero had one co-defendant.

The offence

On 3/31/1997, Tercero and one co-defendant entered Park Avenue Cleaners and shot and killed an adult male in the presence of his 3-year-old daughter. An unknown amount of cash was taken from the business, and Tercero and his co-defendant fled the scene.

The victim was Robert Keith Berger, an adult male of whom his race and gender details are not provided. Berger was 38 years old.

Tercero later fled to Florida, while his co-defendant fled to Mexico.

Investigation

Witnesses told police that two men entered the shop by a rear entrance and demanded money from the clerk. One of the men walked over to Berger and said something, and the two began struggling.

Arrest

Bernardo Aban Tercero was nabbed by Border Patrol agents near Weslaco last year (relative to the referenced October 15, 2000 report).

Trial

On October 15, 2000, Bernardo Aban Tercero testified that the gun went off as Robert Keith Berger tried to grab the weapon. He testified under questioning by his defense attorney Gilbert Villarreal.

During his testimony, Tercero said:

"With my left hand out, I said, "Stop!' and I took some steps back. That's when he took advantage of the movement and grabbed the gun with both his hands," Tercero testified under questioning by his defense attorney Gilbert Villarreal.

Tercero claimed Berger struggled about two minutes with him. Tercero told the jury:

"When our struggle started, he would push the gun to my head and I would move my head back and push the gun toward him. I believe it could have been me or him," Tercero told the jury.

The prosecutor, Sally Ring, said:

But when the shot was fired, it was Berger who fell face forward onto the floor with a bullet to the left back side of his neck, said prosecutor Sally Ring.

The report also states that Berger stepped into a Houston dry cleaning shop for a clothes order when he was shot and took his toddler daughter in with him while his wife remained in the car. Both witnessed the shooting.

Robert Keith Berger had taught junior and senior English at Reagan High School for one year when he was killed. The report states that he had previously taught at the High School for Performing and Visual Arts.

The report states that Tercero faced a capital murder charge in the March 31, 1997, shooting death of Robert Keith Berger. The jury was scheduled to return for closing arguments Monday.

A co-defendant is named as Jorge Becencil Gonzales.

Sentencing

Bernardo Aban Tercero was sentenced to death on December 13, 2000.

Outcome

If convicted, Tercero could face the death penalty. He was sentenced to death on December 13, 2000.