Cape Girardeau man injured in shooting testifies in court

Thursday, August 2, 2007

The alleged shooter is charged with armed criminal action and first-degree assault.

During a preliminary hearing Wednesday morning, a Cape Girardeau man testified that during an altercation July 3, Brandon Mackins shot him in the arm as he turned to run.

After hearing the testimony of John L. Tate, 26, Circuit Judge Gary Kamp decided sufficient evidence existed to uphold the charges against Mackins and set the arraignment for 9 a.m. Aug. 13.

The shooting occurred around 2 p.m. at 2833 Themis St., and Mackins, 19, of Mounds, Ill., allegedly fled the scene.

Tate drove himself to Saint Francis Medical Center, where he was treated for his injury.

Mackins allegedly ran from the scene on foot, and later met up with alleged accomplice Alfonso Ellis, 23, of Cape Girardeau, and got into the car with him, according to a probable-cause statement written by patrolman Amy Walker of the Cape Girardeau Police Department.

Police caught up with Ellis and found a .38-caliber stainless steel revolver with pearl grips on the floorboard of his vehicle, the statement said.

Ellis told police that Mackins said he had shot Tate and had given him the gun, according to the statement. Ellis was charged with tampering with evidence for receiving the gun.

Police searched for Mackins for six days before he turned himself into the Cape Girardeau police department July 9.

Mackins is charged with armed criminal action and first-degree assault. He is being held at the Cape Girardeau County jail on $250,000 bond.

The day of the shooting, Tate had just finished showing an apartment to a potential tenant at the building complex where he worked when he saw Mackins on the sidewalk and told him to leave the premises, he said during the preliminary hearing.

The two men got in an altercation the day before, according to Tate's testimony. During that incident, Tate had to "run him off the property," because Mackins had been loitering in front of Tate's workplace, Tate said under cross examination by Cape Girardeau County public defender Jason A. Tilley.

"I told him he didn't have any business there," Tate said.

According to Tate's testimony, Mackins told Tate he had a problem with him because of a friend of Mackins' who went by the street name "Dada."

When Tate insisted that Mackins leave, he leveled a snub-nosed chrome handgun at him, Tate testified.

Tate testified that staring down the barrel of the gun, he tried to run and was shot in the arm.

Tate, who previously described the gun as a .38-caliber revolver, said he stayed in the hospital for three or four days before he was released.

When he took the stand Wednesday, his arm was encased in a plastic brace.

335-6611, extension 245

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