Birmingham teen suspect shot during botched robbery that killed expectant father, police testify

A teen charged in the shooting death of a 26-year-old man on a southwest Birmingham dead-end street in September had planned to rob the victim, according to the lead detective on the case.

Deionya Saki Harley, 19, is charged with capital murder in the shooting death of Isaiah Tyson Anthony, who was expecting his first child in the coming months.

Anthony was found fatally shot, face down on Laure Avenue, with his pockets turned inside out, said Birmingham homicide Det. Jarvelius Tolliver during testimony in Harley’s preliminary hearing before Jefferson County District Judge William Bell.

The detective said investigators recovered between 30 to 40 shell casings from the scene.

Harley was also shot during Anthony’s slaying, undergoing surgery for a gunshot wound to the stomach.

When the hearing ended, Bell ruled there was enough evidence against Harley to send the case to a grand jury for indictment consideration.

Jefferson County Deputy District Charissa Henrich is prosecuting the case.

Harley, of Birmingham, has been in the Jefferson County Jail since Feb. 2 on unrelated charges of attempted murder and first-degree robbery.

He is represented in the capital case by attorneys Joseph Page and Charles Black of the Jefferson County Public Defender’s Office.

Deionya Saki Harley(Jefferson County Jail)

The deadly shooting happened about 5 p.m. Sept. 18 outside a house at 1716 Laurel Ave.

Tolliver was the lone witness in Thursday’s hearing, and said Anthony had gone to the house to visit with others there.

When police arrived at the scene, Anthony’s car was still running and there was a crumpled $1 bill on the ground outside the vehicle.

Investigators determined the shooting started in the driveway. The dozens of shell casings, as well as blood, left a trail to the street where Anthony was found.

In addition to multiple gunshot wounds, Tolliver said, the victim had sustained other injuries.

“He had scrapes and bruises as if he were running and fell,’’ the detective testified.

Once on the scene, police also learned a second person had been shot and taken to the hospital. That person turned out to be Harley, Tolliver said.

The man who drove Harley to the hospital initially told police the wounded suspect had flagged him down but later admitted to being at the shooting scene.

“He said he heard shots and saw Harley with a gun in his hand,’’ Tolliver testified.

Detectives went to the hospital to speak with Harley the following day but couldn’t find him. Tolliver’s testimony did not indicate if Harley was hospitalized under an alias name, and continued efforts to locate him failed.

Earlier this month, they learned Harley was in the Jefferson County Jail on unrelated charges and went to interview him.

During Harley’s interview, Tolliver said, he admitted there was a plan to rob Anthony.

“He stated that when he came up behind Mr. Anthony with a gun, Mr. Anthony turned around suddenly and swatted his hand, slapped the gun down, and then retrieved his own firearm and shot Mr. Harley in the stomach,’’ Tolliver said.

Harley told detectives after he was shot, he returned fire toward Anthony and then got a ride to the hospital.

Testimony did not indicate whether anything was actually taken from Anthony. The two men knew of each other but weren’t close associates, Tolliver said.

The autopsy showed, the detective said, that at least one of the gunshot wounds sustained by Anthony was at close range. “There was a lot of soot and gunpowder on his (Anthony’s) shirt at his chest,’’ Tolliver said,

The house where the shooting took place, Tolliver said, was equipped with a home surveillance video system but it was not recording at the time. “I don’t know the reason why,’’ he said.

Under questioning by Harley’s attorneys, Tolliver said there were several different guns fired during the incident. A search warrant of the home turned up several guns, and a gun magazine was found on the hood of a parked car.

Tolliver said there were nine or 10 people at the home that afternoon. “It’s hard to get witnesses to come forward, ‘’ Tolliver said.

Page argued there was not enough probable cause to sustain the capital murder charge against Harley.

“Multiple individuals were present on the scene, multiple guns were fired, Mr. Harley did not fire until he was fired upon first,’’ Page said. “He told officers in his interview there is a different party who allegedly lured Mr. Anthony to the scene.”

The prosecutor disagreed, citing the evidence that showed the robbery was planned and that Anthony was found with his pockets turned inside out.

Harley remains held without bond in the county jail.