Man says he set up fake drug deal but didn't expect gunfire

The brother of a teenager accused of shooting and robbing a 23-year-old man at a Cape Girardeau intersection testified Wednesday he set up a phony drug deal for the robbery, but never knew someone would get shot.

George A. Henry, 18, of 805 Ranney Ave., appeared before Associate Circuit Judge Michael Bullerdieck for a preliminary hearing on charges of first-degree assault, first-degree robbery and armed criminal action.

The defendant's half-brother, Brandon Depree, 23, testified that Steven May, 23, contacted him wanting to buy a half-pound of marijuana for $450. Depree, who did not normally deal drugs but knew dealers, did not want to set up a sale.

Depree said he eventually set up the deal on behalf of Henry, who wanted to rob May. No marijuana was ever brought to the sale, Depree said.

Around 7 p.m. Feb. 14, the three met at 503 Benton St., according to Depree. During the meeting, Henry pulled out a gun and is accused by prosecutors of shooting May in the back as he ran away.

Following the shooting, Depree said, he saw Henry rifle through May's pockets.

While Depree testified he supplied Henry a .40-caliber pistol, he never knew the defendant would use it to shoot the victim. In exchange for his testimony, Depree said he was given immunity from prosecution for his role in the shooting and robbery.

May also testified during the hearing and identified Henry as the gunman who robbed him.

May was shot in the lower back, and the bullet broke into four or five pieces, two of which remain in his body. At one point during his testimony, May stood up, lifted his shirt, and showed the judge his wound.

The third and last witness to testify, Tiffany Gray, 25, said she spoke briefly with both Henry and Depree in her vehicle shortly before the shooting, but neither men mentioned the forthcoming robbery.

When May arrived, Gray told Henry and Depree she would give them a ride home after she bought gasoline. When she returned to Benton Street and Jefferson Avenue, the scene was filled with police officers and she saw May on the ground, shot.

Gray said she later met up with and spoke to Henry.

"He was like, 'I shot that dude,'" Gray said.

Bullerdieck found probable cause in the case against Henry, and ordered the defendant to appear April 24 before Circuit Court Judge Benjamin Lewis for an arraignment.

Henry is being held in lieu of a $500,000 cash or surety bond.

kmorrison@semissourian.com

335-6611, extension 127