Page 23 - Sam Herr News Today : Breaking News, Live Updates & Top Stories | Vimarsana

It's like that, and you just -- i don't know how to describe it. >> reporter: dan wozniak was charged with two counts of first degree murder. dan's older brother tim, along with tim's girlfriend, was also arrested and charged with accessory to murder. detectives believed they had helped hide some evidence, including the murder weapon. wesley, the teenager who had used sam herr's bank card, was not charged with any crime. and despite his confession to police, dan pleaded not guilty. he was jailed without bond, and if convicted, could face the death penalty. a year after his arrest, dan wozniak ...

>> reporter: dan said sam gave him his atm card and p.i.n. the plan was to have wesley withdraw money and then sam would report the card stolen so the bank would have to reimburse him. but dan said before they had the chance to make any real money, something went wrong. >> i got a knock on my door. i want to say it was about 8:00, 8:30 in the morning. >> okay. >> opened the door. it was sam. >> all right. >> i'm like, hey, man, what's going on? is everything good? he's like, not good. we're in trouble. what do you mean we're in trouble? what happened? he's like, i can't talk. we need to get th...

Paperwork. so i assumed that he, you know, he was good. he wasn't lying to me. and i trusted him, so i said, yeah. you know? sure. >> reporter: so, wesley said, he took the atm card and agreed to withdraw the maximum allowed amount each day just as his friend had asked him to. his friend also said it was fine to order a couple of pizzas. >> your alarm's going off in your head. but you're hearing his voice on the phone telling you, it's okay. it's legal. a teenager, i -- i really, really trusted him. >> reporter: who was this friend? wesley said it was someone he respected. an actor who'd taugh...

But what he said was not what police expected. >> i didn't know a sam. >> reporter: wesley not only didn't know where sam herr was, he didn't even know who he was. but wesley did have sam's bank card. >> all i said was, yeah, i think the name on the card was samuel. but i can't remember. >> reporter: as to why he had it? that was a very strange story. wesley claimed. he got the card from someone who told him -- >> that he worked for a bail bondsman agency and that he wanted me to withdraw money from an atm for legal reasons. that the gentleman skipped bail out of town and that they were requir...

>> i was saying, you need to come over tonight. you need to come over tonight. >> uh-huh. >> no sex, just i need you to come over tonight. >> reporter: after his twin performances, one onstage, and the other as sam herr, dan drove back to the apartment complex and waited. julie arrived, wearing the tiara her brother had given her that evening. >> i said like, sam just called me, and he was going through some stuff. she said, yeah, me, too. i have a keep. let's go in. i opened the door, i let us in, and then i went to the bathroom real quick because i was really nervous. loaded the gun again. >...