Suspect in man's killing: 'The wrong guy got shot'

A witness in a Cape Girardeau murder case testified Wednesday during a preliminary hearing the suspect told him "the wrong guy got shot."

The victim, Airious Darling, was returning a child to his father March 31 when he was shot fatally on the front porch; a witness stated in probable-cause statement Tavious Tipler, the suspect, had intended to shoot a man who had confronted him about an earlier robbery but shot and killed the wrong person.

Tipler's friend and girlfriend testified at Wednesday's hearing, where Judge Gary Kamp found probable cause and bound the case over for trial.

Tipler is charged with first-degree murder, armed criminal action and felony endangering the welfare of a child.

Access to weapons

Airious Darling

Dana King was living with Tipler, 18, of Cape Girardeau at the time of the killing, and they had a 2-month-old child together.

King said she bought a .40-caliber, semi-automatic handgun from Tipler's father March 30, the day before the killing. She said she wanted the gun for protection.

That night, she placed the gun under her pillow, she said. The next morning, she got up to feed the baby. After Tipler left the house, she checked under the pillow and noticed the gun was gone. She asked Tipler about the gun when he returned.

"I wouldn't steal from you," King said, repeating Tipler's reply.

The night of March 31, Tipler left the residence to get a soda about 9 p.m., she said. When he returned, he was sweating and asked about the police scanner.

King asked what had happened, and eventually Tipler replied, "I think I shot someone."

Later that night, King said she heard Tipler put something into a safe. She asked about the handgun, and he said it was in the safe.

Cape Girardeau police officer Brian Eggers testified a .40-caliber shell casing was found at the scene of the shooting, near 612 Locust St.

'Wrong guy'

Deven Harris also testified Wednesday, although he responded to a subpoena and was escorted by police officers, assistant prosecuting attorney Angel Woodruff said.

Harris said he was with Tipler the night Darling was killed. Tipler, Harris and fellow friend Lorenzo Flagg went to the Outlet convenience store. On their way back, they turned onto Elm Street instead of continuing to Benton Street, Harris said. They had turned down an alley between Locust and Elm streets when Harris decided to leave.

"I don't know," Harris said of the reason he left. "It didn't feel right, I guess."

Harris said he walked about three or four blocks, and 10 to 15 minutes later, he heard a gunshot.

He said he did not ask Tipler about the shooting until the two attended an unrelated memorial service.

Harris testified Tipler told him, "The wrong guy got shot."

Harris also said he had seen Tipler with a gun sticking out of his waistband, but he was not sure what type gun it was or when the sighting took place.

Alleged robbery

Corey Gilbert, who believes he was the man targeted in the killing, testified about a robbery that occurred on or about Jan. 4.

Gilbert said he was with Maishael Miles and another woman he did not know until about 11:30 p.m., having drinks and smoking marijuana. During that interaction, Gilbert's rent money of $350 and a jar of marijuana were visible.

Gilbert testified Miles returned about an hour later with three men he recognized but did not know, he said. He said he opened the door a crack, and four robbers forced their way inside. A short scuffle ensued until Gilbert was hit in the head with a bottle of Crown Royal whiskey. He said he saw the robbers take $350, another $50 from his pocket, the rest of the marijuana and his cellphone. He chased his assailants outside before they got into Miles' vehicle, which Gilbert said he recognized.

"My son was fine; I was fine," Gilbert said of his reason for not calling the police. "It wasn't like the police were going to give me my money back."

Gilbert said police asked him about the robbery only when they found out about it from another source after Darling's death.

About a month after the robbery, Gilbert said he recognized Tipler as one of the robbers and confronted him at a house in the 900 block of South Sprigg Street, even though he did not know Tipler's name.

Harris said he was present when Tipler was threatened by Corey Gilbert, who lived at 612 Locust St. He said he knew of the robbery Tipler, Maishael Miles and two other men committed against Gilbert but said he was not one of the participants.

The night Darling was slain, Gilbert received a call at 9:05 p.m. from Darling. Darling told Gilbert he needed to go to work and was dropping Gilbert's 1-year-old daughter, Corrielle, off at his house at 612 Locust St.

Shaniquia Gilbert, Corey Gilbert's sister, testified she and Darling were engaged and living together in the 900 block of South Sprigg Street. He moved to Cape Girardeau from Memphis, Tennessee, in February and had gotten a night-shift job, Shaniquia Gilbert said. He had Corrielle in his arms when he left the house about 9 p.m. March 31.

Sarah Goldsmith, Gilbert's neighbor, said she heard a shot and heard the baby crying. She went over and picked up Corrielle, who was sitting on the love seat on Gilbert's porch.

Shaniquia Gilbert said in an interview Corrielle was unharmed in the shooting and although she seemed traumatized shortly after, the child now is acting like her normal 2-year-old self.

bkleine@semissourian.com

(573) 388-3644

Pertinent address: 612 S. Locust St., Cape Girardeau, MO