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Abilene attorney: Facts not adding up in case of business co-owner shot, killed by police

By Doug Myers, Digital Media Manager, dmyers@ktxs.com
Published On: Dec 21 2012 12:11:14 PM CST
Updated On: Dec 21 2012 02:55:39 PM CST
Marcus Cass

Marcus Cass, the 49-year-old co-owner of Abilene Gold Exchange, was shot and killed Thursday by an Abilene police officer who was serving a warrant. 

Officers served the warrant about 9:25 a.m. at the business in the 1300 block of South Danville to find "evidence related to the alleged failure to report precious metal transactions as required by the Texas Occupations Code."

According to police, officers were the property when Cass confronted them with a semi-automatic pistol, refused to drop his gun and moved it in a "threatening manner."

One officer fired at him. Cass was pronounced dead at the scene.

ABILENE, Texas -

Abilene police’s recollection of what transpired before a warrant-serving detective gunned down the co-owner of Abilene Gold Exchange isn’t adding up, the attorney representing the deceased man’s business partner said Friday.

“The time frame window I’ve heard could be as small as two seconds,” said Rick Mabry, who is representing 71-year-old Charles Hardin Camp.

Camp and Marcus Lane Cass, 49, were co-owners of the business in the 1300 block of South Danville Drive.

Police officers had arrived at Abilene Gold about 9:25 a.m. Thursday to serve a warrant amid allegations that the business had allegedly failed to report precious metal transactions, per Texas law.   

In an affidavit for a search warrant, Abilene Police Detective Eric Vickers said Cass was shot and killed after Cass ignored “verbal commands” and removed a “1911 style pistol” from his holster, raised it and pointed it at detectives.

This happened, Vickers said, after detectives had entered the front door of the business, identified themselves as police officers and confronted Camp, who was sitting – holding a cash till – in an office located to the south of the front door.

According to Vickers, detectives gave Camp verbal commands and “he was compliant.” More detectives entered the business, Vickers said, and they continued “past the front office to finish searching the rest of the business looking for any other persons located inside the business.”

“As detectives neared an entryway into the back part of the business, they were confronted by a second male subject who was later identified as Marcus Cass,” Vickers said in the affidavit.

“Cass was carrying a 1911 style pistol in a holster on his hip. When he confronted detectives, they began giving him verbal commands. Cass drew his firearm from the bolster, raised it, and pointed it at the detectives. As a result, one of the detectives discharged his firearm at Cass.

“Cass fell to the ground, and detectives secured the scene and began to provide medical care. Cass was injured during the shooting and ultimately died.”

In response, Mabry said what Vickers described is “impossible to do in the time frame I believe that it occurred in.”

Mabry said he couldn’t talk about specifics because he still needed to speak with Camp and because of attorney-client privilege.

“I think once all the facts come to view, it’s not going to be as it’s already been indicated,” Mabry said.

Camp was jailed Friday on charges of third-degree felony false entry fail to enter in , according to the Taylor County website.

Abilene Gold Exchange failed to comply with Texas Occupation Code by not reporting the purchase of numerous crafted items by their business in the 48-hour requirement, according to a search warrant affidavit.