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Exchange over car crash led to fatal shooting outside Far Eastside gas station: Court doc

Suspect allegedly shot man 5 times before leaving, then returning to scene
9900 block 38th shooting
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INDIANAPOLIS — A verbal exchange over a car crash preceded a shooting late Thursday on the Far Eastside that left a man dead, a court document alleges.

Darius Butts, 41, is accused of shooting Desmond Banks, 32, five times outside a Marathon gas station, according to a probable cause affidavit.

Metro police found Banks wounded while responding about 10:57 p.m. to the gas station, 9950 E. 38th St. for a report of a person shot. He was later pronounced dead at the scene.

Surveillance video showed Butts was driving an ice cream truck when he struck a Camaro, according to the affidavit.

After the collision, the suspect got out of the truck, looked at the damage and started to move the vehicle before the victim came out of the gas station.

Another person then ran up to the truck to get the suspect to stop.

It was then Butts and Banks got into a conversation. At one point Butts pulled out a gun, waved it, pointed to the damage and put it back in his pants. He later pulled it out again and shot Banks three times. Banks then fell to the ground, at which point the suspect shot at him twice more, the affidavit alleges.

Butts then got back into the truck and left the scene.

Later, about 12:02 a.m., Butts returned to the scene, yelling, "I shot him." It was then he was taken into custody. He was taken to IMPD's Homicide Office for a recorded statement but was unable to make one "due to being intoxicated and angry," according to the affidavit.

At one point he told police Banks was trying to rob him, saying, "... He said I hit his car. I was pulling up. He said I hit his car. He was lying though. I already admitted I did it, but he was (expletive) with me."

Butts is charged with a single count of murder, according to online court records.

He's scheduled to appear for an initial hearing June 15 at Marion Superior Court.