Lycoming County District Attorney Thomas Marino plans to refile aggravated assault charges against a man he thinks supplied the gun in the killing of 15-year-old Ahmeen Palmer.
Magisterial District Judge Gary Whiteman threw out previous charges against Ibn Hunter after a preliminary hearing on July 24. Whiteman cited a lack of evidence proving Hunter gave the gun to Palmer’s suspected killer, Ja’hsir Legare. Legare remains on the run.
Hunter, 19, of Loyalsock, was charged with accomplice to commit first-degree murder, hindering apprehension, conspiracy to commit aggravated assault that resulted in death, aggravated assault with a deadly weapon, possession of a weapon, endangering another person and criminal mischief.
Investigators suspect Hunter supplied the 9mm pistol that Legare used to kill Palmer outside TGI Friday’s in Loyalsock Township on March 2.
“I think we established more than enough evidence due to the timing of the shooting and the conversations between various parties through cell phone tracking,” Marino said Tuesday. “We had that down to a science but the judge determined that you can't actually prove that he had the gun.”
Marino said he doesn’t have to prove Hunter had a gun at a preliminary hearing.
“That's an issue for trial, so I'm refiling charges,” he said.
He did not say when he will refile. He said he decided to after meeting with state troopers Brian Seibert and Jameson Keeler, who investigated the shooting.
A slap two weeks earlier escalated into a shooting outside TGI Friday’s, usually known for end-of-the-week relief.
Palmer slapped to Ja’Bree Starks, 13, Legare’s brother, during a dispute whose roots remain a mystery to police and Marino.
“I've been digging for that for a couple of months now, and it's just a personality conflict between these two as far as we can determine,” he said.
Legare, a Loyalsock High School student, shot Palmer three times in the restaurant’s front parking lot, according to the affidavit for 37-year-old Johneice Legare, his mother and alleged accomplice.
Palmer was hit twice in one leg and once in the head. He was transported to UPMC Williamsport where he was pronounced dead in the emergency room, Lycoming County Coroner Charles Kiessling said. Kiessling ruled the death a homicide.
Kiessling said he couldn’t comment if the shot to the head killed Palmer, but said future court proceedings will address the cause of death.
Police recovered five 9mm casings. A red 2015 Kia Sorento had two bullet holes in the right rear door. A bullet also apparently grazed the hood of a blue 2019 Audi A4, according to the affidavit. Neither vehicle belonged to anyone involved in the shooting, Marino said.
The gun remains missing, and Marino wouldn’t comment further about its whereabouts.
Starks and Palmer celebrated separately with different groups attending concurrent birthdays at the TGI Fridays that evening.
The groups challenged each other inside. One group of five included Starks. Video cameras caught them together inside the restaurant at 5:21 p.m.
Another group of five included Palmer. Video shows them entering the restaurant at 6:08 p.m. Starks mentioned he didn’t like Palmer to his group, according to the affidavit.
Not long after that, phone calls began among the Legares, Starks and Hunter, who worked with the Legares.
Police obtained cell phone records that showed Starks called his brother at 6:12 p.m. They spoke for about a minute. Ja’hsir called his mother at 6:16, and they chatted for almost two minutes.
Johneice Legare was in her residence at 1610 Randall Circle in Williamsport where she lived with her sons and another unnamed juvenile.
An Uber driver picked up Hunter at work at 6:17 and he asked to be dropped off at 1900 Lincoln Drive in Loyalsock near his residence at Penn Vale Apartments.
Johneice Legare called Hunter at 6:18 p.m. and they talked for almost five minutes. He then redirected his driver to the TGI Friday’s while on the phone.
Hunter lied to investigators about how he knew his friends were at the TGI Fridays, according to the affidavit. He said they played basketball the day before and talked about meeting at the restaurant.
Hunter’s friends went to two different restaurants before going to the TGI Fridays on March 2. He was called to go there while in the Uber, according to the affidavit.
Johneice Legare received a five-second call from Starks at 6:19. An Xfinity camera at Legare’s residence captured audio of the telephone conversation. Her cell phone rings and she tells her son, “Ja’Bree, I am on my way there.”
Lycoming Housing Authority video surveillance captured Johneice Legare getting into the driver’s seat of her silver 2017 Hyundai Elantra. She backed out of the parking lot and drove west on Randall Circle. Johneice Legare arrived at TGI Fridays about 6:24.
At 6:21 p.m., Ja’hsir Legare received a call from his mother that lasted nine seconds. She was in the 1800 block of Hazel Drive at the time and then called Starks, a call that lasted 25 seconds.
Hunter did not have enough money to pay his Uber driver so walked over to Johneice Legare’s car parked at TGI Friday’s and asks her for the money. He calls her “Johnei.”
She gave him $8.
Hunter told police Johneice Legare was in the driver’s seat with an unknown black male sitting in the passenger seat and wearing a face mask. Police later identified the masked person as Ja’hsir Legare, according to the affidavit.
At 6:25 p.m., Hunter called Ja’hsir Legare which lasted three minutes and 55 seconds. Legare then called Starks for one minute and 10 seconds. The altercation took place soon after and both groups headed outside to the parking lot where they argued.
Starks and another juvenile argued with Palmer, according to the affidavit. Johneice and Ja’hsir Legare left her car and approached the fight. Johneice Legare then told Palmer to fight her son “one-on-one.”
Moments later, Ja’hsir Legare pulled out the gun and shot Palmer, according to the affidavit.
The Legares and Starks fled to their residence. Video cameras along Tinsman Avenue caught Legare’s car driving north at high speeds through the intersection of Tinsman and Homewood avenues, according to the affidavit.
An Xfinity camera obtained by investigators captured audio at Johneice Legare’s residence starting at 6:33 p.m.
“I don’t care. Grab whatever! Grab whatever! Let’s go, f*ck clothes!” she said entering the home at 6:34 p.m.
“I dropped my phone,” Ja’hsir can be heard saying.
“Ja’hsir, in the car let’s go! Do not grab any clothes, just go, just go! Ja’Bree just go!” Johneice Legare responded.
Starks can be heard crying in the background, according to the affidavit. Cell-phone tracking data tracked their car headed toward Philadelphia. They entered the Philadelphia area at 10:32 p.m.
Johneice Legare was later arrested inside a residence at 3466 North Warnock St. in Philadelphia, on March 6. Marino believes Ja’hsir Legare could still be in Philadelphia. A $2,500 bounty is posted for information leading to his arrest.
Hunter ran away from the scene toward his home, but left his phone in Johneice Legare’s car. Its tracking ends about 6:50 p.m., according to the affidavit.
He later identified Ja’hsir Legare as the shooter, but at first he told investigators he didn’t know who Johneice Legare’s passenger or the shooter was. He also said Ja’hsir Legare wasn’t at the scene, according to the affidavit.
Police later charged Johneice Legare as an accomplice of aggravated assault with attempt to cause serious bodily injury with extreme indifference; an accomplice of aggravated assault with attempt to cause bodily injury with a deadly weapon; criminal use of a communication facility; possession of instrument of crime; an accomplice of possession of a weapon; hindering apprehension/prosecution to provide aid; hindering apprehension/prosecution to harbor or conceal; an accomplice of criminal mischief - damage property; and as an accomplice of recklessly endangering another person.
A Lycoming County Prison inmate who knew Johneice Legare helped police in the case while both were jailed there, according to the affidavit.
Legare told the inmate her son shot a guy at TGI Fridays, according to the affidavit, though the son’s name wasn’t specifically mentioned. She then admitted being at the shooting, driving her son to Philadelphia and getting arrested for harboring a fugitive, according to the affidavit. A magisterial district judge sent Johneice Legare's case to county court for further action after a preliminary hearing July 24. She remains in prison without bail.
A level of secrecy had shrouded the case since March. At Marino’s request, a county judge sealed arrest documents. Marino said he wanted to protect individuals and it was the best way to get information on the suspects.
“We're protecting them, but we need what they know, and we don't want them to be fearful of giving us that information. We will protect anybody that feels that they need protection, and we will prosecute anyone who threatens a person who gives us information. It's just the smart thing to do at this point,” he said.
The case is unique for this reason. Other cases, Marino said, have better evidence immediately. In this case, information is slowly unveiling as the search for Ja’hsir Legare continues. Since this case involves children, they don’t want to betray each other, Marino said.
“We're talking about a bunch of kids that don't want to tell on this person or that person for either retaliation,” he said.
At one point, Marino called the shooting gang-related, but said this week he didn’t mean formal gangs and used the term loosely. The victim and the shooter were both black teenagers in opposing friend groups and from different schools.
“It's young black kids against other young black kids. For one reason or another, this one supposedly started because one gang member slapped another gang member while they were out at some restaurant, both eating at the same restaurant and ended up killing,” Marino said.
Marino said he used Johneice Legare’s arrest to make an example out of her and send a message to other parents with kids engaged in criminal activity.
“Had it not been for her, this kid would still be alive,” Marino said. “There's no doubt in my mind about that, and I want the message to go out there. Parents, you better get control of your kids, there's no excuse for a shooting to take place.”
