Affidavit: Capital murder defendant took items from victim

McCary

The man accused of a fatal Lawrence County shooting on Christmas Eve took items from the victim’s pockets before fleeing the scene, according to the complaint a deputy filed on the incident.

Lawrence County Sheriff’s Office Sgt. Wheeler Lovelady wrote that capital murder suspect Timothy Dakota McCary, 21, of Hillsboro, intentionally caused the death of Gavin Ryan Hargrove by shooting him with a handgun during a theft or attempted theft “where Hargrove’s gym shorts pockets (were) turned out, his cellphone taken, and no other items left on his person.”

The affidavit filed last Saturday also said “witness statements from subjects in the residence when this occurred state that Dakota took some of Hargrove’s items and placed them in a bag and put them in Hargrove’s vehicle with the intention of getting rid of the items.”

Sheriff’s spokesman Brian Covington said the office would not comment on the witnesses at the residence at the time of the shooting. Authorities said the shooting happened between 11 p.m. Thursday and 1 a.m. Friday, Dec. 24, at McCary’s home at 6859 Lawrence County 217, Lot 3.

District Judge Angela Terry signed an arrest warrant on Christmas Day for McCary, who was apprehended later that day and charged with capital murder with robbery. Alabama law says an intentional murder committed during robbery in the first degree is capital murder.

At an initial appearance before Lawrence County Circuit Judge Mark Craig on Tuesday morning, Dec. 28, McCary filed for financial hardship, reporting he had no income, no assets and no expenses. Hartselle attorneys Wendy Lopez and Christy Michelle Miller were appointed to represent McCary, according to court records. 

Terry set a preliminary hearing for McCary at 8:30 a.m. Jan. 14, but the two defense attorneys asked for it to be re-set or continued because of a conflict in their schedules.

They did not return calls seeking comment.

Lawrence County Coroner Scott Norwood said Hargrove, son of the late Lawrence County District 5 Commissioner Joey Hargrove, was dead about 17 hours before authorities were notified. An autopsy conducted at the state forensics office in Huntsville on Monday morning showed Gavin Hargrove died from injuries suffered when he was shot one time in the left cheek with a large caliber handgun.

Funeral services for Hargrove were held on New Year’s Eve at Parkway Funeral Home in Caddo. Hargrove is buried in Midway Memorial Gardens.  

Hargrove’s father was killed in a motorcycle/car collision on March 22. Gov. Kay Ivey appointed Joey Hargrove’s widow and Gavin’s mother, Sonia Hargrove, to finish out his term.

Gavin Hargrove’s death is the only capital murder case in Lawrence County in 2021. In October 2020, Karsin M. Page, 20, of Trinity, was charged with capital murder in the shooting death of Jordan Wiley Miller, 23, of Lawrence County 217. Page remains in Lawrence County Jail.

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