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Man threatened clerk before firefight - Odessa American: Law Enforcement

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Man threatened clerk before firefight

Deputy’s shooting began with declined credit card

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Posted: Wednesday, October 9, 2013 5:00 pm

The events leading up to a firefight Oct. 2 in McCamey — an incident that led to the death of an Upton County Sheriff’s deputy — have been shrouded in mystery from the public.

Now, there is a clearer picture of what happened leading up to the death of Billy “Bubba” Kennedy Jr., a sheriff’s deputy who has been mourned by his family, friends and the community that adored him.

Texas Ranger Phillip Breeding filed a complaint to charge 50-year-old Gary David Green with capital murder. Breeding described in the complaint what led up to the shooting. Green is listed in fair condition at Medical Center Hospital.

When Breeding arrived in McCamey on Oct. 3, he first spoke with Stripes Convenience Store employee Alexis Landon, who was at the store during the shooting.

According to the complaint, Landon told him that a man went into the store and tried to pay for food and gas with a credit card that was declined.

When the card was declined, Landon told Breeding, the man became agitated and told her to “give me some gas or someone was going to die,” according to the complaint.

Landon told Breeding she gave the man his food for free, according to the complaint, but was unable to give him free gas and didn’t want to get in trouble. At that point, the man left the store and got into a red 2007 GMC pickup truck by the gas pumps.

According to the complaint, Upton County Sheriff’s Deputy Thomas Stiles walked into the store a short time later and spoke with Landon, who told Stiles about the man’s behavior.

At about 11:02 p.m. Oct. 2, Stiles and Kennedy went up to the truck, according to the complaint. Stiles told Breeding that one man was sleeping in the cab of the truck, and he knocked on the window to wake the man.

Stiles said they identified the man as Green, and ran a check on the license plate, according to the complaint. At that time, the deputies learned the truck was reported stolen on that same date out of Odessa. Stiles told Kennedy it was stolen and was verifying the status of the truck with the vehicle identification number.

About that time, Kennedy approached the driver’s side of the truck and unsnapped his gun holster, according to the complaint. Stiles told Breeding he wasn’t sure why Kennedy had his holster unsnapped.

“As Deputy Kennedy Jr. approached Green, Green suddenly opened the driver side door and began shooting a firearm at Deputy Kennedy Jr.,” according to the complaint. “Deputy Stiles reported he and Deputy Kennedy Jr. both fired their firearms at Green and Green continued to fire his firearm at them.”

Stiles told Breeding that he then saw Kennedy on the ground, and was able to grab the gun Green was using to shoot when he saw Green lying on the ground next to the driver’s side door of the pickup.

According to the complaint, Stiles reported the shooting, at which point Upton County Sheriff’s Deputy Dusty Kilgore arrived on scene and arrested Green and left him on the ground.

Stiles said to Breeding that he tried to revive Kennedy by giving him CPR, but was unable to do so. Then, Kilgore tried CPR on Kennedy, according to the complaint, but also was unable to revive him.

According to the complaint, an EMS team arrived on the scene and also attempted life-saving measures, but Kennedy was dead.

Kilgore told Breeding he observed no pulse or breathing from Kennedy, according to the complaint, and blood on his left shoulder area.

According to the complaint, Breeding was able to access the video footage from the Stripes Convenience Store camera and watched the firefight between the three men. He said in the complaint that both Kennedy and Stiles were wearing peace officer identification, a key component to the capital murder charge.

A spokeswoman with the 112th District Attorney’s Office said Upton County normally schedules grand jury settings as needed, and she was not sure when the next one would be scheduled.

The spokeswoman said she was not allowed to comment further.

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