Witness to fatal shooting: 'He stood over him and emptied his pistol'
Seconds before he was shot, Bhagavan Allen turned around in the middle of Grove Street, raised his hands in the air, as if to surrender, and cried “No no no!”
Leonard Ware
Courtesy of WCSO
He turned to run before two gunshots rang out, the bullets causing him to fall to the ground. The shooter ran up to him, stood over him and fired at least three more shots into his already-wounded body, a witness testified in court Friday.
Todd Von Schulze, who watched the incident unfold while he was in his nearby home, described Allen’s death at Leonard Ware’s preliminary exam Friday morning. Ware is accused of murdering Allen, 29, of Superior Township, after an Oct. 3 argument at Marsh Plating in Ypsilanti.
“Once he caught up to him, he stood over him and emptied his pistol into him,” Von Schulze said.
Bhagavan Allen
From the Facebook profile of Bhagavan Allen
Ware, 34, of Ypsilanti Township, is charged with open murder, carrying a concealed weapon, being a felon in possession of a firearm and being in possession of a firearm during the commission of a felony. District Court Judge Richard Conlin bound Ware over on all those counts to the Washtenaw County Trial Court following a preliminary examination Friday.
Police said Ware and Allen worked together at Marsh Plating Co. in Ypsilanti and argued before the incident. Testimony given at the hearing Friday shed more light on the final moments before Allen’s death.
Michael Malone, who worked with Allen and Ware at Marsh Plating, said the two men got into an argument at approximately 2 p.m. Malone said Ware didn’t believe Allen was working hard enough, and Allen took offense, threatening to fight Ware. Ware didn’t back down and the two men got into each other’s faces, exchanging threats, Malone said.
At one point during the argument, Ware offered a fist bump to Allen as a peace offering and Allen ignored it, Malone said. He then tried to get Ware to go outside and fight and told Ware “You better go get your thing” and made a gun sign with his fingers.
Shortly after the argument, Allen and Malone went on breaks one after the other. During the court proceeding Friday, Jeff Taylor, Ware’s attorney, said Allen slapped Ware in the face during the time Malone was on break.
Malone testified Ware left the plant and came back about 3 p.m., approaching Allen and telling him he wasn’t going to lose his job fighting Allen at work and they’d settle the argument after their shifts ended. Ware left the plant when his shift ended shortly before Malone and Allen got off work.
Ware approached Malone and another man while they were smoking a cigarette outside the plant and asked for Allen, just as he walked outside. Malone said the two men walked toward Michigan Avenue on opposite sides of Grove Street. After following them for a short time, Malone went back to the plant, got in his car and drove toward the men.
As he got to the intersection of South Grove Street and Michigan Avenue, Malone said he heard gunshots. At this point, Ware and Allen were near the intersection of South Street and South Grove Street.
“I looked up and I seen Van fall,” he said, adding, “Leonard stood over him and shot a few more times.”
Ware took off running back toward Michigan Avenue, veering behind some buildings, Malone said.
Ware eventually turned himself into police on Oct. 8. He’s being held at the Washtenaw County Jail without bond and, if convicted on the open murder charge, he faces a maximum sentence of life in prison.
Ware will return to court at 1:30 p.m. Jan. 14 for a pretrial hearing.
Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.
Comments
theDoorsofPreception
Wed, Dec 5, 2012 : 6:10 p.m.
Too bad Mr. Allen didn't have a concealed weapon permit while carrying his own gun (he said sarcastically)
Ben Petiprin
Sun, Dec 2, 2012 : 1:59 a.m.
What happened to fighting it out and having a beer afterward?
jns131
Sat, Dec 1, 2012 : 8 p.m.
I hate to say it, but you have a thing at home, this will cause things like this to happen. Good things never happen when you have a thing at home. Good luck to both families. Xmas is such a tough time for all.
DBH
Sat, Dec 1, 2012 : 8:03 p.m.
@jns131, what is this "thing" to which you refer?
Grimey
Sat, Dec 1, 2012 : 3:22 p.m.
Egos and firearms never mix.
Justice4all
Sat, Dec 1, 2012 : 3:20 p.m.
Although tragic, I appreciate the .com adding details to these type of situations. It's one thing to see a headline with limited details when these things first happen. So many assumptions can be made. But to have details from the trials and see the full story is a great service to this community. Hopefully these stories help to educate all of us on a number of different levels.
Ann
Sat, Dec 1, 2012 : 1:08 p.m.
Mr. Malone should have called the police! He followed them so he knew there was a problem. The death penalty isn't a deterrent to murder. Do a little research!
Joe Wood
Sun, Dec 2, 2012 : 12:27 a.m.
It does solve the repeat offender problem.
Wolf's Bane
Sat, Dec 1, 2012 : 12:55 p.m.
Based on the Malone's account and the described work environment, it sounds like Allen was indeed a bit of showboat and perhaps not working performing up to expectations? Instead of confronting Allen directly, Ware should have gone directly to a supervisor and reported Allen's performance. In addition, it sounds like the shift manager was perhaps giving Allen a free pass? Why else would Ware confront Allen directly? Blame the company.
getyourstorystraightfirst
Sat, Dec 1, 2012 : 6:24 p.m.
ware was his supervisor...
Sad day
Sat, Dec 1, 2012 : 3:30 a.m.
I still just can not wrap my head around it all . The families on both side, please know that there are people praying for you all. People, do we really need to treat each other like this? We live in the greatest country in the world! If there are problems seek help, if no resolution at your first stop...ride a little farther and look for help elsewhere.
Dr. Fate
Sat, Dec 1, 2012 : 2:33 a.m.
I can't feel too sorry for the victim here. If you are going to physically humiliate another grown man at work by slapping him and challenging him to a fight (that I'll bet Allen had the odds in his favor for), then things just might escalate beyond your expectations as they did here. Neither of these men are innocent and their rage got out of control, but if Allen's goal was to push Ware to the edge, he certainly pursued it. MISSION ACCOMPLISHED! Morale: some people are crazier than you are, behave accordingly. That's what happens when you bring a bitch slap to a gun fight.
cinnabar7071
Sat, Dec 1, 2012 : 12:19 p.m.
DBH your right, but in this case it seems those were the results.
DBH
Sat, Dec 1, 2012 : 3:33 a.m.
Being stupid, or acting stupidly, is not a justification for being killed.
Skeet
Sat, Dec 1, 2012 : 3:16 a.m.
Some people are crazier than you are, behave accordingly. I think they should have both been fired at the moment when they threatened each other at work.
bobr
Sat, Dec 1, 2012 : 1:45 a.m.
Another guy to serve life in prison at the taxpayer's expense. Maybe it's time to try the death penalty in Michigan. Would save some effort and money.
beardown
Sat, Dec 1, 2012 : 5:17 a.m.
That's actually incorrect. Most states, either due to the legal costs from all of the appeals, the costs of death row solitary confinement, less inmates per guard, or the other costs involved actually lose money on executions compared to life without parole. Indiana, in 2006, estimated that it spent $37 million more on death row prisoners and executions than it would have if the prisoner had been given life without parole.
stevek
Sat, Dec 1, 2012 : 12:47 a.m.
Please don't tell TDW were Mr Ware is from...
Bubba43
Fri, Nov 30, 2012 : 11:04 p.m.
Put him away, but WHY do we have to pay for this?
Jonathan Blutarsky
Sat, Dec 1, 2012 : 12:27 a.m.
The cost of having a civilized society? (Rhetorical in case you don't realize it.)
Honest Abe
Fri, Nov 30, 2012 : 11:03 p.m.
Michigan seriously needs the death penalty. If you do not like my comment, that's fine. But there must be some sort of deterrent for barbaric crimes such as this. As you all can read, this evil man stood over another human being who was begging for his life, knowing he was going to die, and proceeded to discharge round after round into him. He showed no mercy on this man, therefore the justice system shall show no mercy on him. Anyone who would do this to another human being deserves much harsher punishment instead of receiving 3 square meals, a warm bed, medical care...etc on the taxpayers dime. This man deserves capital punishment.
Katie Vogel
Wed, Dec 5, 2012 : 7:02 p.m.
Kill someone for killing someone? Great example we're setting. I'm glad Michigan doesn't have the death penalty. No one deserves to die, or be able to decide when someones life ends. Someone's life shouldn't be decided by a jury. What he did was extremely wrong, and he should have to pay for his crime. But killing someone for killing someone makes no sense.
N. Todd
Sat, Dec 1, 2012 : 1:23 p.m.
Honest Abe - I agree with much of your initial post here except towards the end when you say "on the taxpayers dime". Incorporating finances into the picture, the death penalty is much more expensive to taxpayers that life in prison. Perhaps than an unfortunate aspect of our justice system, but that's the way it is. 'IF' he remains in prison for life, he is not a threat to me.
cinnabar7071
Sat, Dec 1, 2012 : 12:15 p.m.
The DP might not deter crime, but it does cut down on repeat offenses.
beardown
Sat, Dec 1, 2012 : 5:09 a.m.
I can understand why the family members of loved ones murdered would possibly want capital punishment, although from what I have read, it doesn't bring about closure for them. Nothing really can. But if punishment is your argument, I can understand that and it is an impossible argument to refute. But there is not an ounce of reliable data, once again reliable data, whatsoever that shows that it deters crime at all. I would imagine that most people in a mental state where they think it is appropriate to end someones life probably will not stop to check the state statutes to see what the max sentence they can get for it.
Honest Abe
Fri, Nov 30, 2012 : 11:38 p.m.
**Revised** Ordmad- That is your opinion, which you're entitled to, as am I. Regardless of proponents, I bet your attitude would be slightly different if that was your child who was brutally murdered. Even if it does not deter crime, and that was my kid (regardless of their age), statistics can go in the 'trash heap' and your reply can follow it there too. I actually had a family member who WAS murdered! Have you? So you know, Capital punishment is there for other reasons than to deter. It ensures that such criminal has been extinguished from society as well as it serves as justice to some families. By the way, this has nothing to do with education, but if it did, I guarantee I top you.
Honest Abe
Fri, Nov 30, 2012 : 11:31 p.m.
Ordmad- That is your opinion, which you're entitled to, as am I. Regardless of proponents, I bet your attitude would be slightly different if that was your child who was brutally murdered. Even if it does not deter crime, and that was my kid (regardless of their age), statistics can go in the 'trash heap' and your reply can follow it there too. I actually have had a family member murdered! Have you?
ordmad
Fri, Nov 30, 2012 : 11:23 p.m.
All the proof out there is that the DP does NOT deter crime. Even well educated proponents leave that argument in the trash heap where it belongs.
lefty48197
Fri, Nov 30, 2012 : 10:37 p.m.
Sounds like self defense to me. Allen told him to go and get his gun and protect himself and he did. Careful what you ask for!
You People
Mon, Jan 14, 2013 : 1:32 p.m.
Exactly
Honest Abe
Fri, Nov 30, 2012 : 11:05 p.m.
His gun was illegal too. Not to mention even if it was, he would not have been justified to use deadly force, based off the information released. I am a CCW holder and I cannot just draw because someone angers me. His life was not in danger and he had a way out of the situation. This is 1st degree homicide all day long.
getyourstorystraightfirst
Fri, Nov 30, 2012 : 11 p.m.
ur crazy...so if someone tells u to jump off a cliff u would?
moonunit
Fri, Nov 30, 2012 : 10:14 p.m.
We need Dexter!
Mulberry Bank
Fri, Nov 30, 2012 : 9:56 p.m.
To me, it is the standing over a downed man and shooting again and again. There were witnesses. Mr Ware is too dangerous to trust that he ever could be under his own control.
You People
Mon, Jan 14, 2013 : 1:31 p.m.
Free Mr. Ware!
getyourstorystraightfirst
Sat, Dec 1, 2012 : 6:25 a.m.
ok smarty...mr ware sounds like a cold blooded murderer
beardown
Sat, Dec 1, 2012 : 4:56 a.m.
So, what facial traits show that he is a "cold blooded murderer?" I just wanna make sure I can spot them so I can protect myself.
getyourstorystraightfirst
Fri, Nov 30, 2012 : 10:59 p.m.
i agree...mr ware looks like a cold blooded murderer
Buckybeaver
Fri, Nov 30, 2012 : 9:42 p.m.
Was this fire arm registered?
Buckybeaver
Fri, Nov 30, 2012 : 9:40 p.m.
It's society's fault
the other guy
Fri, Nov 30, 2012 : 9:09 p.m.
They really didin't need to wait until their shifts werer over as neither of them were ever going to return to work.
Barb
Fri, Nov 30, 2012 : 9:08 p.m.
No matter what set either off, it most likely would have had a totally different outcome if a gun wasn't involved. Awful.
Pamela Bethune
Sun, Dec 2, 2012 : 1:04 p.m.
Not a valid point. A gun is a weapon. So is a knife or a baseball bat. Any of them can kill. Heck, fists can and have killed.
EyeHeartA2
Sat, Dec 1, 2012 : 5:50 p.m.
Actually, IMO, her comment violated a rule here at Ann Arbor.com: - Using tragedies to make a political point Gun control is clearly a hot political topic and this murder should be considered a tragedy, so there you go, same comment, different views of it.
DBH
Sat, Dec 1, 2012 : 4:38 p.m.
@EyeHeartA2, the results of the Google search remind me (admittedly, only tangentially) of the puzzle "A dog has four legs and a tail. Let's call the tail a leg. Now how many legs does the dog have?" Many will answer 5. To which the response is "No, still only 4 legs. Calling a tail a leg doesn't make it one." So, yes, I suppose your reply to @Barb was meant to imply that any outcome can be envisioned if the initial conditions were different. However, I think she made a valid (though implicit) point that this case shows the negative side of the ready availability of guns. Her comment seemed to me to arise out of compassion, and that is the spirit in which I took it. Your replies to her have a bit of a mocking tone and simply comes across to me as exhibiting unwarranted meanness.
Nunya
Sat, Dec 1, 2012 : 3:57 p.m.
I'm googling my self right now
EyeHeartA2
Sat, Dec 1, 2012 : 1:44 p.m.
There is another version of that saying which fits the situation better, but would run afoul of the censors. Let's just say that it would result in my aunt becoming my uncle. Google it.
DBH
Sat, Dec 1, 2012 : 5:58 a.m.
@EyeHeartA2, though I don't see your point, even without the wheels your aunt very likely already is bipedal. And continuing with the apparent non sequitur, since you didn't specify the number of wheels or their nature, you might not be correct about her being a bicycle. She could be a tricycle. Or an automobile. Or any number of other things.
EyeHeartA2
Sat, Dec 1, 2012 : 4:43 a.m.
If my aunt had wheels she would be a bicycle.
DBH
Sat, Dec 1, 2012 : 3:31 a.m.
@EyeHeartA2, though she can speak for herself, I think @Barb's point is that the outcome to which she refers is the death of Mr. Allen, irrespective of how that death occurred. If a gun wasn't involved, it is unlikely Mr. Allen would have died (though obviously still a possibility).
EyeHeartA2
Fri, Nov 30, 2012 : 11:16 p.m.
You are absolutely correct, Barb. Nobody would have been shot if a gun wasn't involved. Can't argue that. No sirreee. ....and the fact that this was entirely legal is also a bad thing. Oh, wait.
LRF
Fri, Nov 30, 2012 : 8:54 p.m.
It's terrible that such a disagreement over workplace differences can escalate to a point where the only solution is murder. Regardless of who did or said what, a man is dead at the hands of a coworker who lost his ability to just slow down and think things through before doing something that can never be undone. A cold bloodied murder took place as the result plain and simple. Life without parole is a deserved punishment in this case especially considering all the violations Mr Ware committed along with his decision to commit murder. We have to find a way to curtail this type of violent repeat offender crimes and stiff punishment just could well be an answer. It's like the death penalty as a deterrent only not as severe.
Honest Abe
Fri, Nov 30, 2012 : 11:33 p.m.
@Barb, you're right, but we sure need one.
Barb
Fri, Nov 30, 2012 : 9:08 p.m.
We don't have a death penalty in Michigan.
Indymama
Fri, Nov 30, 2012 : 9:06 p.m.
Well, I think in this case, the death penalty should apply. The preplanned murder should not result in the citizens having to pay for the perps food/clothing/ etc. the rest of his life!!!
Billy Bob Schwartz
Fri, Nov 30, 2012 : 8:30 p.m.
It's hard for me to understand how some posters here can yuk it up over one man's violent death at the hands of another man, who life is also now ruined, whether found guilty or not. Where is the humor here? Pretty glib folks, aren't you?
getyourstorystraightfirst
Sat, Dec 1, 2012 : 6:23 a.m.
i knew the victim...
a2citizen
Sat, Dec 1, 2012 : 1:30 a.m.
getyourstorystraight: oh, so assault with a firearm is now a "foolish thing"? You obviously didn't view the rap sheet (btw, OTIS only shows convictions).
cinnabar7071
Fri, Nov 30, 2012 : 11:16 p.m.
We are numb to it, killings everyday in Detroit, a woman here, punched and stabbed in the face, then run over with a car, a high school girl stabbed and left for dead because she told her boyfriend she was pregnant. I could go on and on. It's now part of life, want it to stop, demand responsibility on all levels of life. but I don't see that happening anytime soon. Best just to get a gun and hope you never have to use it.
getyourstorystraightfirst
Fri, Nov 30, 2012 : 10:58 p.m.
a2citizen- previous records don't reflect a ruined life. i know multiple people that did foolish things & after a certain point, decided to do better & are now productive citizens
a2citizen
Fri, Nov 30, 2012 : 9:02 p.m.
Check out OTIS. These lives were ruined long ago.
Tru2Blu76
Fri, Nov 30, 2012 : 8:19 p.m.
Work place disputes: should be immediately brought to the attention of the onsite manager (and possibly the union steward if applicable). Work place disputes ARE NEVER GROUNDS FOR SURRENDERING ONE'S OWN OR TAKING ANOTHER'S LIFE. From all of the reports so far, it seems apparent that both men thought that their personal ego issues prevailed over reason. We as individuals can't decide who was guilty and who was not - though this was not, legally speaking, a justified killing. We can only resolve to stick to non-violent, recognized means to arrive at just conclusions to the conflicts & disputes we may encounter in day-to-day life. It's tragic that a man had to die to serve as an example of what happens when someone fails in that responsibility.
music to my ear
Fri, Nov 30, 2012 : 7:33 p.m.
allen kept pushing ware as if he were a bully, he must of thought he was rough and tough (ware) but nothing can stop the bullet, allen man one shot would have proved your point, now if convicted its possible life behind bars two young lives ruin.sad sad
GoNavy
Fri, Nov 30, 2012 : 7:31 p.m.
Sounds like the blood was boiling on both sides. PS There out to be laws against all of the things Mr. Ware did when he allegedly killed Mr. Allen.
Mitch Smith
Sun, Dec 2, 2012 : 4:03 a.m.
Yes, a Con in possession of a firearm is a Federal crime. Yet he had one. And Mayor Bloomberg crew is currently trying to put a Marine in Prison for 3 years for his honesty.
walker101
Sat, Dec 1, 2012 : 11:41 a.m.
Ware was an ex felon, had no business with a possession of a fire arm.
Richard Carter
Fri, Nov 30, 2012 : 8:35 p.m.
Aren't there? Isn't that why he's in court?
EyeHeartA2
Fri, Nov 30, 2012 : 7:28 p.m.
So, I'm guessing accidental discharge will not be the defense strategy.
getyourstorystraightfirst
Fri, Nov 30, 2012 : 10:55 p.m.
definitely not an accident...he was murdered in broad daylight