Richard Castellana, 55, was ambushed by two bank robbers and fatally shot outside a First Midwest Bank branch on June 11.
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Hailey Gist-Holden, of Gary, has been charged with armed bank robbery and using a gun during the course of that robbery causing death, the same charges faced by his co-accused, James King, 24, of Miami, Fla., who was arrested the day of the incident. Both could get the death penalty.
"The ultimate and final decision as to whether we seek or we don't seek the death penalty is made by the attorney general and that decision is made following a very detailed process," said Tina Nommay, acting United States Attorney, Northern District of Indiana.
Northern Indiana prosecutors have done three death penalty cases in recent years and said the determination on whether to go that route takes about three to six months.
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Authorities detailed how Gist- Holden was picked up in Georgia on June 18. Prosecutors said they traced the gun used in the killing to ammunition found at Gist-Holden's Gary apartment.
"This is what we do when we recover firearms shell casings from a crime: we use science and technology to match these to other crimes so we know how a gun has traveled, if it has been used before, and we can use that as an investigative lead," said Kristen DeTineo, ATF Special Agent in Charge, Chicago.
In the criminal complaint, prosecutors allege Gist-Holden had money troubles from his business as the owner of a semi pro football team, and was in the process of being evicted from his apartment. When arrested in Georgia, he apparently offered to become an FBI informant, but never admitted to his role in the bank robbery.
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"Let this be a warning: if you commit these despicable and violent crimes in our community, there is no rock you can hide under and there is no cave that will give you shelter. We will find you and we will arrest you and we will bring you to justice," said Danny Youmara, FBI Assistant Special Agent in Charge, Indianapolis.
Gist-Holden is in the process of being transported to the Northern District of Indiana.
When reached by phone, Castellana's family said they are grateful for the efforts of law enforcement but did not want to speak publicly at this time so as to not interfere in the legal process.