Police say David Elijah Herrera was arrested shortly after Dariela Cardona and Erick Von Gerbitz were fatally shot in their driveway.
HOUSTON — A 31-year-old man is charged with capital murder after his former girlfriend and her boyfriend were fatally shot outside a north Houston home shortly after the couple dropped a young child off at school, police and court records say.
Houston police identified the suspect as David Elijah Herrera and the victims as 29-year-old Dariela Elizabeth Cardona and 41-year-old Erick Von Gerbitz. Officers were called to 905 Lindale Street at about 8:15 a.m. Oct. 5 and found the man and woman suffering from multiple gunshot wounds. Houston Fire Department paramedics pronounced both dead at the scene. Herrera was arrested a short time later in Liberty County and charged with capital murder in the 209th Criminal District Court.
Investigators believe the shooting was connected to a domestic relationship involving Herrera and Cardona. ABC13 reported that police believed Herrera was upset that Cardona had reconciled with Von Gerbitz, who was the father of one of her children. Cardona and Von Gerbitz had reportedly returned home after dropping their 4-year-old son off at school shortly before the shooting. Authorities have described Herrera as Cardona’s former boyfriend.
Family members told KHOU, according to Law&Crime, that Cardona had ended her relationship with Herrera about a month before the killings and had recently reunited with Von Gerbitz. Von Gerbitz’s mother, Blanca Gerbitz, said her son told her the night before his death that Herrera had threatened him. Those allegations are part of the accounts given by relatives and have not been presented as findings at trial.
Von Gerbitz’s sister, Lisa Leal, told reporters she reviewed security video from the home that showed Cardona and Von Gerbitz returning after the school drop-off and finding Herrera there. According to her account, Von Gerbitz told Herrera to leave before gunfire erupted. Police have not publicly released the full surveillance video or a complete minute-by-minute account of the shooting.
A witness helped investigators identify a vehicle leaving the area by recording part of a license plate, according to police accounts reported by local media. Investigators then used Flock Safety license-plate cameras to locate a red Ford Fusion believed to be connected to Herrera. Officers found and arrested him in Liberty County later that morning.
A magistrate judge subsequently denied bond, according to court information reviewed by Law&Crime. The court order stated that Herrera was accused of shooting Cardona and Von Gerbitz and said he confessed to both killings. Herrera has been charged but has not been convicted, and the allegations against him will be tested through the criminal court process.
Cardona was the mother of two boys and worked as a hairstylist, according to local reporting. Neighbor Jesus Flores told ABC13 that she was devoted to her children and had recently started building her hair business. Von Gerbitz had recently returned to Houston from Amarillo and hoped to reunite his family, his mother told local media.
The Houston Police Department has characterized the case as connected to domestic violence. Police said investigators identified Herrera as the suspect during the initial investigation and consulted with the Harris County District Attorney’s Office before the capital murder charge was filed. Authorities have not publicly detailed every piece of evidence they expect to use in the prosecution.
Herrera remained in the Harris County Jail without bond in the latest court information reviewed Friday. Law&Crime reported that his next court appearance is scheduled for Nov. 5. The capital murder case remains pending, and no trial date or final disposition had been announced as of Friday.