Judge denies request to lower bond for suspect in Hotshots shootings

An attorney representing Tyler Banks argued unsuccessfully to have the defendant’s bond reduced following his alleged involvement in a shooting at Hotshots Bar and Grill in downtown Cape Girardeau that left five people wounded.

The shooting, which injured one shooter and four bystanders, occurred March 5.

Judge Frank Miller rejected a self-defense argument for lowering the $150,000 cash-only bond at a bond hearing Monday, April 3, at Cape Girardeau County Courthouse.

Prosecutors allege Banks hit bar patron Larry McIntyre in the head with a glass bottle in a bar fight that erupted into a shootout. Banks’ attorney, Jen Kusmer — who was standing in for attorney Joe Flees — said there was a period of time after the hand-to-hand scuffle ended and the shooting began, when McIntyre retrieved a gun from another person and began firing the weapon at Banks and his father, Ranell Robinson, who also faces multiple felonies.

It is unclear whether McIntyre, the first to draw a weapon, will face charges. Assistant prosecutor Angel Woodruff told the court McIntyre remains in the hospital, and it is unclear whether he will survive his injuries.

Regardless of McIntyre’s condition, three men, including Banks, face multiple charges. As for Banks, “We would argue that Mr. Banks should have a lower bond because he was acting in self-defense,” Kusmer said. “He was protecting himself and his father.” She said Banks is presumed innocent until proven guilty and has no violent criminal record. She said no evidence has been presented regarding whose weapons were responsible for the injuries. Kusmer asked for a $25,000 bond.

Woodruff told the court that self-defense does not give a person the right to act recklessly and begin shooting in a crowded bar. She added that the incident was captured on surveillance video, and that, despite the claim of self-defense, Banks was involved in the fight that triggered the shootout, having hit McIntyre with a glass bottle from behind.

Kusmer told the judge that Banks had family support in Cape Girardeau and was not a flight risk. She said he could live with his mother under house arrest and state supervision through an ankle monitor.

Woodruff countered by saying Banks’ mother was not cooperative the night police arrived at her house looking for Robinson, denying that Robinson was at her house when he walked out of her house minutes later. Woodruff alleged that clothing worn the night of the shooting was put through the laundry. She also said family members attempted to bury evidence.

Miller denied the bond, and set a preliminary hearing for Tuesday, May 2.

Banks, 24, has been charged with three counts of second-degree felony assault and three counts of felony armed criminal action.

Robinson, 43, was charged with unlawful possession of a firearm, three counts of second-degree assault and armed criminal action.

Jeremiah Twiggs, 39, is alleged to have provided the gun to McIntyre. He was charged with unlawful possession of a firearm.