Johnson County prosecutors have revealed new details in court filings about a brief, deadly exchange of gunfire inside a Shawnee gun store early last year.
Jon Bieker, one of the owners of She’s A Pistol, was fatally shot when four men attempted to rob the business on Jan. 9, 2015.
The four alleged robbers face first-degree murder charges in Johnson County District Court.
Three of the four were wounded in the incident, and attorneys for one of them — DeAnthony Wiley — have filed a motion allegedly that he is immune from prosecution because he was acting in self-defense.
Sign Up and Save
Get six months of free digital access to The Kansas City Star
Wiley contends that he tried to surrender but Bieker continued firing at him.
Prosecutors refuted that claim in recently filed court documents.
Those documents lay out the second-by-second chain of events gleaned from video surveillance and a reconstruction of the robbery by investigators using a three-dimensional mapping system.
According to the documents:
Wiley, wearing a wig, entered the store first and spoke with Bieker’s wife and store co-owner, Becky Bieker.
A few minutes later, Londro Patterson, Nicquan Midgyett and Hakeem Malik entered the store.
Wiley and Patterson pulled out guns and pointed them at Becky Bieker. Midgyett jumped on the counter and punched Becky Bieker, breaking her nose and knocking her unconscious.
Within a few seconds, Jon Bieker came in from the back office and began firing at the robbers.
Patterson, Midgyett and Malik all ran out the front door while inside the store, Wiley either crouched or fell with the gun still in his hand, pointed in the direction of the Biekers.
Within 24 seconds, Wiley fired all seven bullets in his gun.
Jon Bieker fired six shots during the exchange. As he walked around the corner of the display case in the direction of Wiley, he was seen falling forward and collapsing on the floor.
A few seconds after that, Becky Bieker regained consciousness and also fired her gun.
She later told investigators that she saw Wiley reaching toward a gun on the floor near her husband and told him to stop or she would shoot. When he continued reaching for the gun, she fired, she said.
Investigators recovered six of the seven bullets fired by Wiley’s gun, including one taken from Jon Bieker’s body during an autopsy.
They determined that he fired once at Jon Bieker shortly after Bieker exited the office; once as Bieker walked towards where Wiley was located; and the final five shots from a spot on the floor as Jon Bieker came around the side of a display cabinet.
In the documents, prosecutors also included transcripts of statements Wiley made in phone conversations since he has been in jail.
In one he describes the robbery as “messed up” and said when he “does” a gun store he takes a hostage.
“That’s why I got hit up ... because I couldn’t take a hostage,” he said according to the documents.
He also told someone that he was aiming at Jon Bieker’s legs and didn’t shoot him in the chest.
Wiley first brought up the idea of self-defense three months after the incident when he stated, “the robbery got abandoned and dude was doing too much.”
He also mentioned that he had to “work up something” because prosecutors were seeking a sentence of at least 50 years in prison.
In the documents, prosecutors argued that all of the evidence contradicts Wiley’s self-defense claim. They also said that he could not claim it as a legal defense because he was engaged in a “forcible felony” and was the initial aggressor in the incident.
A hearing on the self-defense motion is scheduled for June 20.
Wiley and Patterson, 21, Midgyett, 20, and Malik 19, are being held in the Johnson County Jail.
Wiley, Patterson and Malik are also charged with committing robberies in Jackson County shortly before the incident in Shawnee.