Man charged with murder, victim identified in Cape Girardeau shooting

Court: Family issue led to deadly Hardees shooting in Cape Girardeau, MO
Shooting investigation at Hardee's on William St. in Cape Girardeau. (Source: Don Frazier, KFVS)
Shooting investigation at Hardee's on William St. in Cape Girardeau. (Source: Don Frazier, KFVS)
Sgt Schmidt reminded the public that this is not an active shooter event (Source: Larra L. Clover)
Sgt Schmidt reminded the public that this is not an active shooter event (Source: Larra L. Clover)
There is no word on a motive or the victim's current condition (Source: Larra L. Clover)
There is no word on a motive or the victim's current condition (Source: Larra L. Clover)
Derwin Simmons was shot at Hardee's in Cape Girardeau August 1 (Source: Susan Francis)
Derwin Simmons was shot at Hardee's in Cape Girardeau August 1 (Source: Susan Francis)

CAPE GIRARDEAU, MO (KFVS) - A man died after a shooting at Hardee's in Cape Girardeau, Missouri on Wednesday, August 1.

The suspect was identified as Anthony Levar Sinks, 41, of Cape Girardeau. He was charged with murder in the first-degree and armed criminal action.

The victim was identified as Derwin Alexander Simmons, 45, of Ohio. Judge Gary Kamp set the bond at $2,500,000, cash or surety. The warrant also requires Sinks to wear a GPS monitoring device if he posts bond.

Simmons was pronounced dead at 11:16 a.m. at a Cape Girardeau hospital, according to Cape Girardeau County Deputy Coroner Dennis Turner.

According to Detective Sgt. Darren Estes with the Cape Girardeau Police department the officers were called out at 10:39 a.m.

Estes said when police arrived, Simmons was found lying on the floor of Hardee's just inside the west doors. He has several gunshot wounds when officials arrived. Estes said there were no weapons found on Simmons.

When medical personnel arrives they took Simmons to an area trauma center where he died.

An autopsy is being performed on Thursday, Aug. 2 in Farmington.

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At the scene, officials found Sinks who was identified by two witnesses as the shooter. Sinks was immediately taken into custody, according to Estes.

According to court documents, one of Simmons' children was a witness to the shooting. He allegedly told police his father and Sinks began "having words" while inside Hardees and he heard his father tell Sinks to "go outside." Sinks responded saying "not trying to fight you bro, I will kill you."

The son also told officials that Sinks shot his father in the lower abdomen and when his father tried to get up, Sinks shot him two more times.

Estes said he interviewed Sinks' ex-wife who had an ongoing relationship with Simmons. Simmons and the woman were planning to move to Ohio with a son that she and Sinks share. Estes said Sinks' ex-wife showed him multiple text messages that showed Sinks being upset about her relationship with Simmons and the possibility of them moving to Ohio.

She told officers Simmons only came to the Cape Girardeau area to help her move to Ohio.

Estes said in an interview with Sinks, he told officials he had known Simmons for 15 to 20 years. He stated that he was upset about the possibility of his son being moved to Ohio and that "threats were made" between himself and Simmons through text message.

Sinks told Estes he went to the restaurant on August 1 to meet a friend to eat and put a Sig Sauer P250 .40 caliber handgun between the front and passenger seats. He allegedly said he walked into the restaurant without a gun and saw Simmons who did not see him. He then left to get his handgun and came back inside.

According to court documents, Sinks said as he exchanged words with Simmons in the restaurant, he saw Simmons reach behind his back and believed Simmons was reaching for a gun.

Estes said Sinks stated he then pulled out his pistol and shot Simmons "center mass." Sinks said he knew he fired at least three shots and he laid the gun on a nearby table and then called 911.

Court documents state he told officials he shot Simmons in self-defense.

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