A masked gunman who survived a gunshot wound to the head during a reported Birmingham robbery has been charged in the death of his alleged accomplice.
Ladarrion Raemon Copes, 29, is charged with felony murder in the June 21 shooting death of 34-year-old Rufus Brock.
He is also charged with attempted murder in the wounding of the robbery victim.
Authorities said Copes and Brock – who also was wearing a nylon mask – were trying to rob another man of drugs when the exchange of gunfire happened at an Avondale apartment building.
The robbery victim was not charged with any crime. The Jefferson County District Attorney’s Office ruled he was justified in the fatal shooting of his assailant.
Copes, who suffered a traumatic brain injury and was initially reported dead by police shortly after the shooting, has been held in the Jefferson County Jail since his release from UAB Hospital in late July.
Copes is charged under the state’s felony murder law which allows a person to be charged with murder if they are participating in a felony crime that results in death, whether or not that person actually fired the fatal shot.
Wearing a protective helmet, Copes appeared before Jefferson County District Judge William Bell Wednesday for a preliminary hearing.
When it ended, Bell ruled there was enough probable cause to forward the case to a grand jury for indictment consideration.
The judge also refused to reduce Copes’ bond, over the objection of his attorney who said the jail is not equipped to care for Copes’ medical needs, which she said are still life-threatening.
The shootout happened about 11 a.m. that Friday in the parking lot of Oak Tree Apartments in the 4400 block of Fifth Avenue South.
Brock was pronounced dead on the scene, still wearing a mask, on the ground near the tire of a work truck.
Copes was taken to UAB Hospital where authorities initially said he died. Officials later said medical staff was able to revive Copes.
The robbery victim was also wounded in the shootout. His injuries were not life-threatening.
Birmingham homicide Det. Jarvelius Tolliver was the lone witness in Wednesday’s hearing. He testified that part of the incident was captured on a neighbor’s surveillance video.
Tolliver testified that according to the video and evidence, the robbery victim – who lived at the apartment building – pulled into his parking lot that morning and backed into a parking space which was next to a white work van.
As the robbery victim exited his Nissan SUV, a Ford Explorer pulled in front of the Nissan and stopped.
A masked man wearing all black – which Tolliver said was Copes – got out of the Explorer and approached the victim.
“You could hear yelling and then shots being fired,’’ Tolliver said.
A second masked man – later identified as Brock – got out of the Explorer about 15 seconds later and more shots were fired.
The robbery victim got his gun and returned fire, police said.
Brock, shot in the face and neck, collapsed in front of the work truck where he died.
Copes, shot in the head and pelvis, was rushed to UAB Hospital.
The deadly shooting happened about 11 a.m. Friday in the 4300 block of Fifth Avenue South.(Carol Robinson)
The Explorer fled the scene, leaving Copes and Brock behind. Tolliver testified that the Explorer was a rented vehicle, and did not say if investigators ever identified, or arrested, the driver.
The robbery victim – wounded in both legs – was found near the roadway, alongside keys and a gun, and also taken to the hospital.
Police found vacuum-sealed marijuana both inside and outside of the victim’s Nissan.
The victim told investigators that the two masked men were trying to rob him. Authorities have not said whether Brock and Copes knew the robbery victim.
Authorities recovered three guns from the crime scene, including a rife that Tolliver said Brock had brandished and fired.
Jefferson County Deputy District Attorney Charissa Henrich said it was clear that Brock was killed during a robbery attempt in which he and Copes were carrying out.
Copes’ attorney, Catelyn Swindall of the Jefferson County Public Defender’s Office, said she did not believe prosecutors proved their case against her client and asked the cases to be dismissed.
“Based on all the testimony I’ve heard today, I am going to bind the cases over,’’ the judge said.
Copes has been held in county jail since July 25 on bonds totaling $310,000.
Swindall asked that the bond be reduced to $30,000.
“He had a severe traumatic brain injury, and he also had an injury to his abdomen,’’ Swindall said, noting the helmet he is required to wear because his head is still “unprotected.”
The defense attorney said jail officials told her they cannot provide the intensive care and therapy that Copes needs. She said he needs such intensive care that he should be in a skilled nursing facility.
“Mr. Copes is unable to take care of himself,’’ Swindall said. “He is unable to even go to the bathroom on his own. He needs around-the-clock care,’’ which she said his family was willing to provide.
Henrich objected to a bond reduction, citing Copes’ criminal history which includes a capital murder acquittal in 2018, and said he has open criminal cases in the Bessemer Cutoff and has previous failure to appear charges.
“I understand he did suffer an injury,’’ Henrich said, “but he wouldn’t have been shot if he didn’t engage in a robbery.”
“I think he would be a danger to any skilled nursing facility,’’ she said.
Bell said after considering several factors – including previous convictions and the seriousness of his new charges – the bond for Copes will remain at $310,000.
“The jail is going to have to figure out how to take care of you,’’ he said.
