GREENWOOD, Ind. — A man who allegedly shot and killed another man outside a restaurant in Greenwood will stand trial for the killing.
Marco Antonio Gonzalez, of Whiteland, is charged with murder in the March 8, 2023, death of 52-year-old Timothy A. Sannito, of Indianapolis, in the Ale Emporium parking lot.
After an initial finding that Gonzalez was incompetent to stand trial, on Feb. 6, 2024, a Johnson County judge determined Gonzalez is now competent to stand trial.
Gonzalez's final pretrial hearing is scheduled for March 28, with his jury trial scheduled to begin April 23.
Gonzalez is accused of shooting Sannito outside of his car in the Ale Emporium parking lot and then driving off.
Sannito was an engineer with NSK Corporation in Franklin.
His wife told 13News, at the time, that Sannito ate dinner with co-workers at the Greenwood Ale Emporium on a regular basis, sometimes entertaining business clients, and was usually home by 9:30 p.m. She called her husband of almost 30 years a gentle and kind church-going man who would not fight with anyone.
Investigators said Sannito's driver's side door was open and the car was running. The passenger window was "busted out" and officers found two shell casings near Sannito's car. Further examination found a shell casing in the front seat area of Sannito's car.
Surveillance video showed Sannito walk out of Ale Emporium at 9:18 p.m. and went to his SUV. Once Sannito is in his car, there is motion from inside Gonzalez's SUV. Witnesses told police that this was when the shooting happened. Gonzalez's SUV can then be seen driving off.
On March 9, 2023, a Greenwood police officer was passed by Gonzalez's SUV. The officer stopped Gonzalez for allegedly speeding and disregarding a traffic signal.
As the officer was speaking with Gonzalez, he said Gonzalez was shaking and appeared to be very nervous. When the officer asked Gonzalez if he had any weapons, Gonzalez said he had a gun and began reaching for it. Gonzalez allegedly reached for the gun several more times before the officer told Gonzalez he was going to remove the gun "if he didn't mind." Gonzalez told the officer he had been at a firing range, according to court documents.
When the officer checked the gun, it was loaded with the same type of ammunition that was found at the scene of the shooting.
While the officer was talking to Gonzalez, he said Gonzalez stated, "I did shoot out of my window at a red vehicle ... I think it was a cop car ... it didn’t stop though."
Forensics on the ammunition in Gonzalez's gun showed it did in fact match the shell casings found where Sannito was shot.
Gonzalez was arrested on March 13, 2023. During questioning, officers said Gonzalez would only give vague answers or "no" answers. When asked if he was aware he was being charged with murder, Gonzalez allegedly said he didn't think it would stick.
Court documents allege Gonzalez then said, "it wasn't premeditated and I didn't know the guy.” Gonzalez also allegedly said he did not really feel threatened or afraid of anything at the time of the shooting.
Gonzalez allegedly asked an officer if he had ever killed someone. That officer told Gonzalez he served in the Marines and was involved in a police-action shooting. Gonzalez allegedly replied, “I should have joined the military, at least then I could have murdered someone and gotten away with it.”
On Nov. 16, 2023, a judge issued an order finding Gonzalez incompetent to stand trial. The concern was that mental health findings showed Gonzalez was not able to assist in his defense. He was held in a secure facility until he could be deemed competent, which happened on Feb. 6, 2024.