From The Tribune staff reports
BIRMINGHAM — The Birmingham Police Department (BPD) has received a justified death ruling in connection to a double homicide on Thursday, Dec. 8, while in the 8300 Block of 1st Avenue North.
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According to the BPD, Timmeric Leshawn Bryant, 22, of Birmingham, and Tobias Estrada McKinstry, 38, of Center Point, sustained gunshot wound injuries during a reported assault in the 8300 block of 1st Avenue North in Birmingham.
Related Story: UPDATE: Coroner identifies both victims in Birmingham double homicide
“The preliminary investigation revealed that Mr. Tobias McKinstry was involved in an argument with a third person surrounding his car being stolen earlier and being observed at the location,” Officer Truman Fitzgerald stated. “Evidence gathered during the investigation revealed Tobias McKinstry entered the gas station brandishing a shotgun. The gas station had patrons inside.”
Fitzgerald stated that one of the patrons pulled out a firearm and fired shots in McKinstry’s direction, striking him along with Timmeric Bryant, who was at the gas station accompanying the third party involved in the original argument.
The patron who fired the shots turned himself into police custody the day of the incident.
“It is not believed that Mr. Bryant had any involvement in the stolen vehicle argument,” Fitzgerald stated.
McKinstry was pronounced dead on the scene, and Bryant was pronounced dead at UAB Hospital.
“Investigators presented the information gathered to the Jefferson County District Attorney’s office for review,” Fitzgerald stated. “Following the assessment, the Jefferson County District For Immediate Release Attorney’s Office ruled the actions justifiable. This investigation is reclassified as two Justified Deaths Investigation.”
The Birmingham Police Department has 126 murders thus far in 2022, with 10 justifiable death investigations.
The story will be updated when more information is available.
