Suspect accused of cold-blooded killing was awaiting trial on an earlier gun charge

Thadius W. Oswald appears in court during an August hearing. (Al Amrhein | For NJ Advance Media)

Two months before Thadius W. Oswald allegedly fired a bullet into a man's forehead at point-blank range, he was indicted on weapons charges.

A police report from that previous case noted that the 19-year-old was "known to carry a firearm."

Oswald remains jailed pending a detention hearing on charges that he shot Misael Ruiz Garcia to death after robbing the victim and two others at gunpoint during a home invasion in Woodbury on the night of Aug. 11.

A detention hearing was slated for Thursday, but it was continued to Sept. 17 so  prosecutors could provide additional discovery to Oswald's defense attorney.

During that hearing, prosecutors said Oswald may not have acted alone.

Investigators say he forced his way into the house on East Centre Street around 10:30 p.m. and robbed three people of their cellphones and cash. Garcia, 32, followed Oswald out of the house and across the street. That's when Oswald allegedly turned, aimed a silver handgun at Garcia's forehead and fired once, killing him instantly.

Several witnesses identified Oswald as the shooter and surveillance video from near the scene shows him running from the area at the time of the crime, according to prosecutors.

He was arrested without incident two days later in Gloucester City and charged with first-degree murder, first-degree robbery, theft, burglary and weapons offenses.

A Gloucester County grand jury indicted Oswald in June on two charges after he was caught carrying a loaded Smith & Wesson Model 36 revolver in Paulsboro on Dec. 14.

The serial number on the weapon had been defaced and Oswald didn't have a permit to carry it, authorities alleged.

In a report describing the December encounter, an officer wrote that he recognized Oswald as someone who had previously run from police in an unrelated case.

As he approached Oswald, Patrolman Gary Lowell Jr. reported that the man immediately became nervous and tried to walk away.

"Thadius is known to carry a firearm on him, so I was attempting to not escalate the situation for all involved," Lowell wrote. After arresting Oswald, Lowell found the gun during a pat-down search.

Following that arrest, Superior Court Judge M. Christine Allen-Jackson denied a prosecution motion for pre-trial detention, according to court records, and permitted Oswald's release with a set of conditions limiting his movements and requiring regular reporting to court officials.

In February, Judge Kevin T. Smith approved a defense motion to amend the order to allow Oswald to work.

Under terms described in this amended order, Oswald was permitted to leave his Paulsboro home only to go to his job -- prosecutors previously said he worked in a warehouse -- and to attend court hearings.

He was not fitted with an ankle bracelet to electronically monitor his movements.

Oswald had to provide proof of employment during visits every other week to pre-trial services. On the weeks he didn't have to appear in person, he had to check in with court officials by phone.

He was specifically prohibited from possessing firearms.

Oswald said nothing during Thursday's hearing, but turned back a few times to look at family members gathered in the courtroom.

Prosecutors noted that witnesses identified Oswald as the shooter in the August case and that a security camera video from a "very well-lit alleyway" shows him fleeing the scene.

Defense attorney Julius Hughes sought a motion ordering the defense to turn over videos of police interviews with two witnesses. They previously turned over videos of three witnesses and Hughes argued that the defense was entitled to see the others.

Of the videos he has reviewed, Hughes said one witnesses could not identify the shooter and a second described a black suspect, while the third witness identified Oswald through a photo lineup.

Hughes wants to see what the other two said.

Assistant Prosecutor Jacqueline Caban countered that this is an ongoing investigation and argued that the materials sought were relevant to the probe of whether others will face charges.

"Our theory at this point is that there was more than one person involved," Caban told Allen-Jackson.

The judge did not order the prosecution to turn over the two videos, but did require that two other requests by Hughes -- for crime scene photos and the recording of a 911 call -- be provided.

Hughes said the 911 caller reported the shooting as a drive-by, but Caban said a witness told arriving officers it was not a drive-by.

Oswald remains jailed in Salem County Correctional Facility pending the outcome of his detention hearing on the murder charge and the alleged violation of his earlier pre-trial detention order.

Matt Gray may be reached at mgray@njadvancemedia.com. Follow him on Twitter @MattGraySJT. Find the South Jersey Times on FacebookHave a tip? Tell us: nj.com/tips.

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