LEAVENWORTH, Kan. — The fatal shooting of a 12-year-old boy in Leavenworth on April 14 was over a gun sale in which the buyer got a BB gun instead of a Glock, according to court documents FOX4 received on Monday.
Darvon Thomas, 25, is charged with first-degree felony murder and an unnamed 17-year-old is charged in juvenile court with felony murder and discharging of a firearm into an occupied vehicle.
According to the documents, Thomas took two teenagers to a Leavenworth pharmacy to buy a gun. Thomas gave the 17-year-old $400 to pay the seller in the parking lot. As the seller drove away, the teenager told police he realized he’d bought a BB gun instead of the Glock they thought they were getting. He said Thomas told him to “get them” because they were stealing his money.
Investigators watched surveillance video that showed the teenager shooting at the car as it drove away. The teenager hit that car as well as another car driving by that was occupied by a 30-year-old woman and her 6-month-old child. The woman’s car was damaged in the shooting, but she and the baby were not injured.
That wasn’t the case for 12-year-old Brian “BJ” Henderson, Jr. of Kansas City, Missouri.
BJ’s sister Brooke said she and a friend were running errands in Leavenworth, and her little brother tagged along. They were heading back to Kansas City when she said her friend insisted on making one last stop at the pharmacy on Fourth Street. According to court documents, it was to sell the BB gun.
BJ was shot several times as they tried to leave the parking lot. Brooke and her friend drove BJ to Children’s Mercy Hospital where the boy died of his injuries.
Court papers say investigators executed a search warrant at Thomas’ house where they found a .45 caliber handgun and a BB gun locked in a safe in a bedroom.