A Buda man indicted in an aggravated robbery at a Niederwald gas station in June 2016 has now been charged with attempted capital murder.
Charles Brian Lane, 19, of Buda, was booked into the Hays County Jail May 30 and is being held on $450,000 bond.
Lane is accused of shooting an employee at a Valero gas station on Highway 21 and FM 2001 in Niederwald on June 11, 2016. He was originally arrested June 22, 2016.
Wes Mau, Hays County District Attorney, said Lane would only face two indictments of aggravated robbery when he goes to court, which are the formal charges made against Lane by a Hays County grand jury. Lane was indicted on the two charges in January 2017. An additional charge of Attempted Murder has been added by the DA’s office.
According to a Hays County probable cause affidavit, released by Beth Smith, Hays County Pct. 2 Justice of the Peace, two armed male suspects, later identified as Lane and another teen who was 16 years old at the time, ran from a pickup truck they were in to the front door of the gas station.
Lane had a handgun and covered his face with a bandana, while the younger teen had a rifle and used his sweatshirt to cover his face. Lane climbed on the counter and allegedly pointed his gun at the clerk while demanding money.
Police initially believed Lane shot the clerk, but according to the affidavit, a closer look at the surveillance video showed the 16-year-old allegedly shooting the clerk in the leg, which caused Lane to flinch, making it look like he fired the shot.
The 16-year-old then saw a car leaving the gas station parking lot, went outside and fired at the car. After firing, the teen turned back to the store and his sweatshirt fell from his face, allowing police to identify him.
The two suspects got back in the truck and turned left onto Highway 21 with an undisclosed amount of money.
Two days after the robbery, police met with the driver of the vehicle that the 16-year-old shot at. The witness said she was parked at the gas station when she saw the two suspects enter the store with guns.
The witness attempted to leave the scene when the teen shot at her car. Because she was turning, the bullet entered the trunk and exited the car’s side panel. She called 911 and was advised to stop at a gas station, but she drove straight home.
After confirming the sixteen-year-old’s identity with a former girlfriend and a probation officer, on June 14, police issued a warrant to apprehend him. He was taken into custody that day, and the handgun and rifle used in the robbery were recovered.
Early in the investigation, a potential witness gave police the 16-year-old and another suspect’s name.
However, the teen’s brother told police if he were involved in another robbery, it would be with Lane.
On June 15, police recovered the pickup truck, which had been stolen, shown in surveillance video from the gas station.
A witness saw the truck being left next to the curb and three male suspects getting out and into a small silver passenger car June 11, 2016.
The witness heard someone say “get the AR,” meaning a gun, and saw a suspect with a shield or star on his pants. The pants match the description of the Captain America pants Lane wore during the robbery.
On June 20, police contacted Lane’s mother and requested she arrange a meeting with her son.
After Lane did not show up at the meeting, police followed his mother. She stopped at an AT&T store in Kyle to purchase a new phone for her son.
While there, an undercover detective recorded her speaking openly about her son’s involvement in a robbery. She allegedly told Lane “you better make sure he threw away the clothes, hat, hoodie and everything.”
The robbery surveillance video also shows a third person in the truck during the robbery. Authorities continue to search for the third suspect.
Witnesses reported seeing Lane with a handgun at the time of the robbery, but it was not recovered.