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Affidavit: Accused road-rage shooter in Little Rock toddler death thought car was following too closely

by Austin Cannon | December 23, 2016 at 8:55 a.m. | Updated December 23, 2016 at 11:52 a.m.
Gary Holmes, 33, of Little Rock.

The man accused of fatally shooting 3-year-old Acen King in what police call a "road-rage" incident was upset that the car Acen was riding in was following him too closely, court records said.

Gary Holmes Sr., 33, pleaded not guilty Friday morning, refusing to appear before Little Rock District Court Judge Alice Lightle. He's being held without bail at the Pulaski County jail, facing one count of capital murder and two counts of committing a terroristic act.

According to a probable cause affidavit, Holmes was driving his girlfriend's 2007 black Chevrolet Impala shortly after 6 p.m. Saturday on Warren Drive with his girlfriend and another person in the vehicle. Holmes had a semi-automatic pistol resting in his lap, police said.

While driving, Holmes got upset when he thought the car behind him was following too closely, his girlfriend told police. He pulled over and let the car, a maroon Dodge Charger driven by Kim Macon-King, Acen's grandmother, go past, the affidavit said.


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King-Macon, with Acen King and a 1-year-old riding in the backseat, stopped at a stop sign and "sat there for a few minutes," the affidavit said. Holmes honked for several seconds.

The affidavit said he then got out of the Impala and shot once at the Charger. King-Macon then turned left onto Mabelvale Cutoff while Holmes went right.

When he got back into the car, Holmes said, "That's what you get for following me around," police wrote in the affidavit.

The girlfriend, who was unnamed in the affidavit, said they didn't realize anyone had been shot until Sunday.

Acen had been shot in the back, police said. King-Macon didn't discover his injury until she arrived at Shackleford Crossings in west Little Rock to meet family. He was taken to Arkansas Children's Hospital, where he died.

The 1-year-old was unhurt.

Little Rock police and the U.S. Marshals Service arrested Holmes late Thursday night, the Arkansas Democrat-Gazette previously reported. A Little Rock police news release Friday said he surrendered at police headquarters at 8:33 p.m. Police, who on Monday received the tip that led to Holmes, also thanked the community for its help in finding him.

With many court personnel off for Christmas, the courtroom was not open to the public Friday, a clerk said. Reporters were not allowed inside for Holmes' arraignment.

Read Saturday's Arkansas Democrat-Gazette for full details.


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