Shooting at vacant Birmingham apartment that killed 1, injured 3 a dispute over possible theft, not home invasion, police say

A September shooting that left one person dead and three others wounded, including the suspect, was not a home invasion but an apparent dispute between at least two people who lived together in a vacant Birmingham apartment, police testified on Wednesday.

Tyler Reed Sanders, 21, is charged with murder in the Sept. 2 slaying of 49-year-old Lafontae Dejarris Lenard.

He is also charged with two counts of attempted murder in the wounding of Tameka Williams and Sander’s uncle, Freddie Wilson, who authorities said remains on life support more than two months after the gunfire.

Sanders appeared before Jefferson County District Judge William Bell for a preliminary hearing. When it was over, Bell deemed there was enough evidence to send the cases to a Jefferson County grand jury for indictment consideration.

The case is being tried by Deputy District Attorney Charissa Henrich. Sanders is represented by Sammie Shaw of the Jefferson County Public’s Defender’s Office.

Just before 11 p.m. that Monday, South Precinct officers were dispatched to a report of a burglary in progress at University Crossings apartments in the 200 block of Third Avenue S.W.

Police were en route when they received updated information that someone had been shot. Authorities initially described the incident as a possible home invasion.

Officers arrived to find Sanders shot outside the apartment building. Seriously injured, he was taken UAB Hospital. After being released, he was booked into the Jefferson County Jail on Sept. 10 where he remains held.

Officers learned there was another victim inside the apartment. Lenard was found unresponsive in a bathroom and pronounced dead on the scene at 11:23 p.m.

Williams and Wilson were also found wounded and taken to UAB.

Birmingham homicide Det. Mark Green was the lone witness at Wednesday’s hearing.

He said Sanders, his uncle, and Lenard were all living in the second-floor apartment, but said the apartment was not leased to anyone and was supposed to be vacant.

When police arrived on the scene, a woman who lives in the apartment below told them a man brandishing a rifle – later identified as Sanders – walked up to the apartment and she heard someone say, “You owe me money,’’ followed by shots fired.

Green said investigators recover 11 rifle casings and five 9 mm casings, which indicated that there was an exchange of gunfire.

Sanders told authorities he had been at the apartment earlier and his uncle – Wilson – had threatened to kill him.

He said on his way to return to the apartment, he picked up a rifle that he and his uncle had bought together and that he was delivering the rifle to Wilson.

Green said Sanders reported that his uncle began firing as soon as he entered the apartment, and that he returned fire.

Williams told police she had only arrived at the apartment about 20 minutes before the shooting and that Sanders came in “on 10,″ which he said meant irritated.

Williams, authorities said, did not want to give any additional information, including who started the gunfight.

Another woman in the apartment, the detective said, did not cooperate with investigators.

One person was killed and three others wounded when someone kicked open an apartment door where they were playing cards.(Carol Robinson)

Lenard, a friend of Williams, had also been staying in the apartment with Williams and Sanders.

Green testified that after the shooting, Sanders asked officers if he could get his cell phone, which was charging inside the apartment, and also stated, “I’m not a thief.”

Green testified that “a guy with dreads” took both guns and fled the scene after the shooting.

The detective said evidence indicated that it was Lenard who fired back at Sanders.

Shaw argued that there was not sufficient evidence against Sanders to continue with the cases against his client.

“We don’t have any evidence in this case that Mr. Sanders shot either one of the victims,’’ Shaw said. “There is no testimony that Mr. Sanders shot at anyone.”

“We don’t have any scientific evidence that any of the projectiles that hit anyone came from a weapon that has been assigned to Mr. Sanders,’’ Shaw said.

“No one saw what happened in this situation,’’ he said.

“The logical conclusion would be someone thought Mr. Sanders stole something from them and when he reentered that apartment, the altercation ensued, and someone shot at Mr. Sanders,’’ Shaw said. “And that he then defended himself.”

Henrich said the testimony showed that Sanders was irate, pulled out a gun and started firing. She said the issue of self-defense should be considered during trial, not at this stage in the judicial process.

Shaw then asked that Sanders be granted bond on the murder charge. There are already bonds set on the attempted murder charges.

He said Sanders has a history of employment, and said if released, he would live with his parents under any conditions deemed appropriate by the judge.

“He doesn’t have the means to flee even if he wanted to,’’ Shaw said.

Henrich argued against bond for Sanders. A different judge at an Aniah’s Law hearing for Sanders ordered Sanders remain held without bond and the prosecutor asked that it remain that way.

“I don’t think having a large bank account or not necessarily grants you the ability to flee the jurisdiction,’’ Henrich said. “The question is whether or not he would come back to court and whether or not he presents a danger to the community.”

Bell ordered Sanders remain held without bond.