A trial opened Tuesday for a man charged in a Gary 5th Avenue gas station slaying.
Byron Barnes, now 20, is charged with murder and a gun enhancement in the July 31, 2022 shooting death of Tyrae D. Hayes, 25, of Gary. He has pleaded not guilty.
Authorities alleged Barnes was one of two men who gunned down Hayes inside the station.
Defense lawyer Scott King argued Tuesday there were “identification” issues and no evidence Barnes was “guilty of anything.”
Court filings show charges were dropped for co-defendant Michael R. Alexander and his case was expunged in February. A criminal case for a third man, Jimmijion T. Bailey, the driver, was rejected in 2022. His case was expunged in November 2022. For both men, prosecutors wrote they couldn’t prove the case.
Gary police were called at 2:50 p.m. July 31, 2022 to a Citgo gas station, 901 E. 5th Avenue, where they found Hayes inside “bleeding profusely” lying on his back near the front counter with gunshot wounds to the head and body, the affidavit states.
The Lake County Coroner’s Office pronounced him dead on scene, according to court records.
Surveillance footage showed three men pull up in a gray Hyundai to the gas station at 2:37 p.m. Two men, identified as Bailey and Barnes, get out and go inside, records state. As they pull off, a moped pulls up with Hayes riding as a back passenger.
Two minutes after Hayes enters the station, Barnes and Alexander appear on footage walking around the station then following him inside, records state.
Alexander appears to pull out a gun, shooting Hayes in the forehead, while Barnes pulls out his own gun, shooting Hayes “several times” in his body, the original charging affidavit alleged. Both men ran out of the gas station, the affidavit states.
An hour later, Alexander, Barnes and Bailey were arrested at Marquette Park in Gary after police got reports of the three walking on the beach with guns, court records show.
Gary Police Officer Ahmed Hamed testified Wednesday that one gun was recovered and police took it back to the gas station.
Deputy Prosecutors Maureen Koonce and Cole Galloway are assigned.
