Initial charges of aggravated murder and aggravated robbery were filed against 20-year-old Damien Gantz.

On October 21, 2009, Gantz pulled out a gun to rob 49-year-old Terry Fitten as he was withdrawing money from an ATM located at 1813 Forest Hills Blvd., in East Cleveland. Gantz shot the victim thee times, killing him. East Cleveland Police's investigation continues. Gantz faces the death penalty.

Gantz's initial appearance is scheduled for October 28, 2009, between 9:45-10:00 am in the arraignment room on the 12th floor of the Justice Center.