by KYW's Tony Hanson
A preliminary hearing was being held on Thursday for the two men charged with the murder of Philadelphia police sergeant Stephen Liczbinski. The third suspect, the alleged triggerman, was later shot and killed by police.
Prosecutor Mark Gilson says defendants Eric Floyd and Levon Warner have confessed, and that will be presented in court. But he’s not buying all of their self-serving statements:
"Honestly, everybody who gives a statement in this case seems to be regretful and claims to have no idea this was going to happen. I frankly find that hard to believe. I mean, every robbery is just a murder waiting to happen. Every one of them. And when you agree to commit an armed robbery with convicted felons who have records a mile long, who have been in and out of prisons, who are carrying SKS rifles and semi-automatic weapons, doing a brazen, broad-daylight robbery of a bank, don’t come to me and tell me you didn’t know this was going to happen, because I am not listening to it."
Witnesses to the robbery and shooting may also testify.
Floyd's attorney refused comment. Warner's attorney says he hasn't seen the evidence yet, but he acknowledges that this is a civic nightmare and hopes people will try to keep their emotions in check so it can be determined fairly what happened and whether Warner committed the acts he is accused of.
Meanwhile, there were new developments on Wednesday in the case and new details about the circumstances leading up to the bank robbery and subsequent murder of Sgt. Liczbinski.
Authorities say Mitchell Cain, 48, an uncle of slain suspected triggerman Howard Cain, has waived a preliminary hearing and may be headed toward a plea deal after admitting his role in a carjacking the night before the bank robbery and murder.
Investigators say Mitchell Cain had originally planned to take part in the bank robbery, but that his nephew decided to use another member of their gang for the crime.
Prosecutor Gilson says the bank robbery had initially been planned for one day earlier:
"They carjacked the victim at point of gun and took that jeep. And then later on that same evening, they drove to the Shoprite where they were going to commit the robbery. However, the plan fell through because, whereas Howard Cain and (Eric) Floyd both had the Muslim garb on and were costumed and suited up, the uncle had nothing. So, not having any costume or disguise, he wouldn't go through with this and the plan was called off."
Gilson says that when the plan went forward the following day, Saturday, Mitchell Cain had been replaced in the plot:
"The next day, Saturday morning, Howard Cain -- I guess not feeling confident that his uncle was up to the task -- cut him out and substituted in (Levon) Warner. And then around 11:25am they went through with their plan, all of them wearing disguises."
Later, during a car stop, Philadelphia police sergeant Stephen Liczbinski was shot and killed (see related stories). Howard Cain was later shot and killed by police, and fellow suspects Eric Floyd and Levon Warner were captured (see related stories).
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