DELHI TOWNSHIP, Ohio — New details have emerged about an alleged burglary at a Delhi Township smoke store that turned deadly. Store manager Tony Thacker, who was allegedly sleeping in the back of the store during the incident, made his first appearance in court Thursday.
Thacker, 29, faces five counts of felonious assault, one count of tampering with evidence and two counts of having weapons under disability after prosecutors say he shot and killed 16-year-old Travis Johnson, one of multiple alleged burglars, and kept firing at the others as they ran off.
He was in the back of the VIP Smoke Shop with his girlfriend when a group used rocks to break into the store, according to Thacker’s attorney Richard Goldberg.
“Tony was totally the victim in this case,” he said.
Goldberg said Thacker retrieved a gun that was kept in a safe in the store for defensive purposes. Thacker fired and hit one of the alleged burglars, which officials identified as Johnson. Prosecutors say he continued firing at the other suspects as they ran off.
“He was not charged for killing the first individual that came in the store,” said Melinda Rinehart with the Hamilton County Prosecutor’s Office. “However, it's our belief that after that, and the people were running, he had no reason to continue firing.”
“We can talk now about how you don't shoot somebody fleeing, and shooting somebody in the back, but we were not in his shoes or with his state of mind,” Goldberg said. “That night, his state of mind was I've got to protect myself.”
Goldberg said Thacker remained inside the store while firing.
Once the suspects fled, prosecutors said Thacker called his brother and another woman instead of calling police. Prosecutors say Thacker and his brother, 21-year-old brother Malachi Thacker, collected evidence, picked up shell casings and turned off security cameras. Thacker’s brother was indicted on two counts of tampering with evidence.
“I don't know what state the deceased individual was in at that point,” Rinehart said. “I don't know if he was still alive, but clearly did not seek to aid in any way as far as getting medical attention or getting police to the scene.”
Goldberg disputed this. According to Goldberg, Thacker went to offer aid to Johnson, but he was not breathing and appeared to be “dead instantaneously.”
In total, eight people have been arrested on charges linked to the incident.
Delhi police said they arrested 18-year-old Messiah Hart early Wednesday morning. He's been charged with one count of burglary and one count of murder.
Hamilton County Prosecutor Melissa Powers also indicted 19-year-old Amontae Carter, the fourth person arrested in connection with the break-in, on additional crimes related to his role in the incident. Carter was arrested on Dec. 14 and indicted on two counts of murder, two counts of burglary and one count of possession of criminal tools. If he's convicted on all charges, Carter faces life in prison with eligibility for parole after 15 years.
Three teens, aged 15, 16 and 17, were also arrested just days after the break-in and shooting after police received an anonymous tip.
The two males and one female are all facing murder and burglary charges, like Carter and Hart. The 15-year-old male is also facing an auto theft charge, while the 16-year-old female and 17-year-old male face receiving stolen property charges.
After Johnson's death, his brother, 20-year-old Isaiah Johnson, also allegedly shot a woman at a vigil held for the 16-year-old. He was charged with felonious assault.
Goldberg said Thacker has been the victim of several burglaries in the past. A month before the October incident, Thacker was robbed by other perpetrators inside the store wearing masks, according to Goldberg. Goldberg described it as a “gun battle.”
Watch Live:
