Man arrested on suspicion of killing former gang member in Phoenix

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A man was arrested Monday in Phoenix after police say he killed a former gang member to "become a member of the organization," court documents say.

Timothy Bernal Jr., 25, was arrested on June 5 after Phoenix police conducted a lengthy investigation into a missing persons case that turned into a homicide investigation.

The missing person, who was not identified by police, was confirmed to be a former member of the Arizona New Mexican Mafia, "a violent Arizona Department of Corrections security threat group prison gang," court documents state. The family of the victim told police that he was in bad standing with the gang, meaning the only way out of the gang was death, court records say.

According to court documents, the victim was last seen on May 2 leaving their apartment near 15th Avenue and Fillmore Street with Bernal and Bernal's girlfriend in her car.

In an interview with investigators, Bernal's girlfriend said the two picked up the victim, who Bernal had known for three weeks, and drove to several locations within the Valley during the day until Bernal said he wanted to go home.

While driving, Bernal pulled the car into a neighborhood near 16th Street and Broadway Road, saying he was looking for someone that owed him money, court documents state. Bernal then told his girlfriend to switch spots with him, moving from the driver's seat to the passenger's, with the victim sitting in the backseat.

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Bernal shot the victim "with a Draco rifle numerous times without warning," documents say.

Bernal's girlfriend stated that he killed the victim due to his "bad standing with the AZ New EME" and that Bernal wanted to become a member.

Bernal then returned to the driver's seat and drove to Seventh and Pima streets, where he and his girlfriend got out of the car and walked away. Bernal's girlfriend told police the victim was dead as they left the vehicle, court documents state.

A few hours later, Bernal called an "associate" to whom he had sold fentanyl pills, according to court documents, and asked for help saying his car had broken down. The man, along with his niece and another person, picked up Bernal and his girlfriend. When arriving at the car, they saw that the man in the backseat was dead.

The car was then covered with a tarp and left there. Court documents state that the man and his niece then had the vehicle towed to Bernal's home.

In a May 24 interview with investigators, the man said that while the group was at Bernal's house, Bernal came out holding a gun and told him to "get rid of the car and the victim, or he would get rid of him," court documents state. This was a topic Bernal's girlfriend referenced to investigators, telling them that she felt the man "was in fear Bernal would hurt his niece."

According to court documents, the man and his niece took the car to the Gila River Indian Community and left the body in the desert and left the car at a family's home.

Arrests and further investigation

In an unrelated incident, Bernal was arrested on May 6, just four days after the shooting. Police found him with a Draco rifle in his possession — later found to be the same weapon used in the May 2 incident — and about 500 fentanyl pills and ballistic vests, according to court documents.

According to the Maricopa County Sheriff's Office, this arrest stemmed from charges relating to an aggravated DUI, multiple drug possession charges, unlawful flight from law enforcement and a probation violation.

On May 18, Bernal was released on supervised release, the Sheriff's Office told The Arizona Republic.

That same day, Bernal's vehicle, which had yet to be tied to him, was found by police. Inside, detectives found large amounts of blood and 11 bullet strikes, as well as sunglasses later found to be the victim's.

At 6 a.m. on May 28 investigators with multiple police departments started a search in the Gila River Indian Community desert area for the victim's body.

Three searches were conducted but a body wasn't found. However, the search produced a torn belt, cell phone box, $5 bill, towel with bodily fluid on it and silver Kenneth Cole watch found by a resident. According to court documents, the victim's cousin told investigators that the watch found was the same one the victim had on when he went missing.

On June 5 following the investigation, Bernal was arrested at his home on suspicion of first-degree murder, assisting a criminal street gang and a weapons misconduct violation.

In a post-Miranda interview, Bernal told investigators that he knew who the victim was and that they had met through a third party and had "committed criminal activity" with them, court documents state.

Bernal said he had been with the victim on the day of the homicide, but he dropped him off at his house and did not kill him.

An interview with Bernal's brother during his arrest revealed that on the night of the murder, Bernal had called him asking for a ride. When he arrived, Bernal was carrying a bag with the rifle inside and told him that he had "done something wrong" and wanted to flee to Mexico, but the brother refused to help him, according to court documents.

Bernal told police he would sign a 20-year plea agreement for the listed charges. It was unclear, however, if such a plea deal was reached.

This article originally appeared on Arizona Republic: Timothy Bernal Jr. arrested on suspicion of killing former gang member