Affidavit provides details about allegations in fatal shooting case

John Richmeier
The Leavenworth Times
Darvon Thomas

A gun purchase may have been at the center of a shooting in Leavenworth that resulted in the death of a 12-year-old boy.

That is according to a probable cause affidavit that was prepared in the case of Darvon D. Thomas.

Thomas, 25, Leavenworth, is charged with first-degree murder in connection to the April 14 shooting, which resulted in the death of Brian Henderson Jr., Kansas City, Missouri.

A 17-year-old Kansas City, Kansas, boy also faces a charge of first-degree murder in connection to the shooting as well as a charge of discharging a firearm into an occupied vehicle.

Thomas and the 17-year-old defendant are accused of what is known as felony murder, which is a form of first-degree murder. Felony murder occurs when someone is killed during the commission of felony that is considered inherently dangerous.

Probable cause affidavits generally are sealed in Kansas court cases. But a judge ordered the release of a redacted copy following requests for the release of the document.

The affidavit was prepared by Detective Tesh St. John of the Leavenworth Police Department.

The document summarizes statements made to police by various witnesses. But the names of witnesses were redacted from the copy that was made public.

According to the affidavit, a witness told police Thomas drove to a pharmacy intending to purchase a Glock firearm. Thomas reportedly gave the witness $400 to purchase the gun from someone in another vehicle in the pharmacy parking lot.

After paying the money, the witness noticed the gun was only a BB gun.

Upon hearing the gun was a BB gun, Thomas allegedly yelled at someone to “get them because they were taking his money.” Shots were fired at the other vehicle, according to the affidavit.

Henderson reportedly was in the vehicle that was fired upon, and he suffered multiple gunshot wounds. The car was driven to Children’s Mercy Hospital in Kansas City, Missouri, where the boy was pronounced dead.

A witness who was in the car reportedly told police he drove to a pharmacy in Leavenworth to sell a gun, which he knew was only a BB gun.

Thomas reportedly offered police a different version of what happened.

According to the affidavit, Thomas told a detective he drove to the pharmacy because one of his passengers wanted to buy marijuana.

Thomas told the detective that something apparently was wrong during the exchange and the other vehicle sped away. Thomas told the detective one of the people at the scene started shooting.

An officer who responded to the scene of the shooting found about a dozen .45-caliber shell casings in the pharmacy parking lot.

During a search of Thomas’ residence in the 200 block of South 12th Street, police found a BB gun and a .45 caliber handgun in a locked safe, according to the affidavit.

Thomas is scheduled to appear in court today. He remains in the custody at the Leavenworth County Jail.

Twitter: @LVTNewsJohnR