The state will bring first-degree murder charges against Andres “Andy” Avalos for the Dec. 4 triple homicide in Bradenton.
“We felt the evidence supported the grand jury’s consideration of the charges and they came back and indicted,” said 12th Judicial Circuit Court Assistant State Attorney Art Brown, who added what was said during the proceeding is secret.
The grand jurors indicted Avalos Dec. 16 for the premeditated murders of his wife, neighbor Denise Potter and pastor of Bayshore Baptist Church, the Rev. James “Tripp” Battle III. Avalos, 33, was ordered held without bond on the new charges.
The prosecution’s next decision is whether to seek the death penalty. Brown expects to make this decision within 45 days of Avalos’ arraignment.
Avalos had been held in Manatee County jail on second-degree murder charges since his Dec. 6 arrest for the shooting of the pastor at the church, 6525 14th St. W., Bradenton, and the killings of his wife, Amber Avalos, and Potter at his home in northwest Bradenton.
After a three-day manhunt, deputies found Avalos in a mobile home park behind the church with a gun having the same caliber of casings as those found at the two murder scenes, and Avalos confessed to the killings, according to MCSO reports.
Avalos allegedly beat, shot and hanged his wife, shot Potter, and then drove to Bayshore Baptist Church and shot Battle in the courtyard.
MCSO Detective John Kenney of Manatee Homicide Investigative Unit said Potter was friends with the family and cleaned homes with Amber Avalos. Potter previously lived in Holmes Beach.
“We think they were supposed to clean houses that morning, that day,” Kenney said.
“She was unfortunately at the wrong place at the wrong time. If it was just a matter of seconds either way, she’d still be alive.”
Kenney also said Avalos’ thought process points to premeditation.
Avalos’ use of a gun in the three killings and the path he took from his house, which included dropping off his child at day care, shooting Battle at the church, driving to Wal-Mart where he left his car and then taking a cab to the area south of the Baptist church — “all that goes to premeditation,” Kenney said.
While MCSO has acknowledged the shootings were domestic related, Kenney said Dec. 16 the office was not releasing investigators’ ideas about Avalos’ motive.
Assistant Public Defender Franklin Roberts was assigned to represent Avalos, who pleaded not guilty to all charges Dec. 8.
Avalos’ arraignment is set for 8:55 a.m. Jan. 16 before 12th Judicial Circuit Judge Deno G. Economou at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.