NEWS

DA wants to charge Papa John's murder suspect as adult

Adam Tamburin
atamburin@tennessean.com
Mary "Mollie" Buckner, the mom of Papa John's shooting victim Gordon Schaffer, was in tears during a press conference discussing the investigation.

The Columbia teenager charged in Monday night's Papa John's murder will be tried as an adult if the local district attorney general has his way.

Prosecutor Brent Cooper announced Thursday that he was taking steps to move 17-year-old Darious A. Fitzpatrick's case out of juvenile court.

Fitzpatrick was arrested Wednesday and charged with killing Spring Hill man Gordon Schaffer, 22, during a robbery at the Papa John's in Columbia. He also faces charges related to the gunpoint robberies of two Dollar General stores earlier this month.

Cooper said state law bars the death penalty for all juveniles charged with crimes, so it will be off the table in Fitzpatrick's case, "even though it might be a case that warrants it."

As a juvenile, Fitzpatrick was found guilty of an aggravated robbery in 2013. Because juvenile court records are sealed, it is unclear when he was released from custody.

Columbia police Chief Tim Potts said he hoped the tragic nature of the murder would spur state lawmakers to stiffen punishments for violent juveniles.

"We've got to change our laws and our sentencing guidelines," he said during a Thursday press conference. "Times have changed. It's time for the law to change."

Schaffer's mother, Mollie Buckner, nodded in the audience, her eyes fixed on the floor. His sister Devan Cronin, who also spoke Thursday, emphasized the chief's point.

"Darious never should have been on the street, given his prior record," she said. "Adult crimes deserve adult punishments."

Second suspect charged

Police announced Thursday they have arrested Rodney Harvell, 18, who is accused of teaming up with Fitzpatrick in at least one of the Dollar General robberies. Harvell also is accused of planning to rob another store with Fitzpatrick the night of the murder.

Harvell has not been charged in the homicide case, although additional charges have not been ruled out.

At Thursday's news conference, police said at least one suspect connected with the deadly robbery is still at large.

Mourners have started a makeshift memorial at the door of the Papa John's where Schaffer was shot. A few of them stopped there to chat Thursday with one question on their minds: Why did the gunman kill Schaffer after he had handed over all the cash in the register?

"There's obviously no reason for it," Cooper said at the press conference. "To know that you'd have to look into the heart of Mr. Fitzpatrick."

Reach Adam Tamburin at 615-726-5986 and on Twitter @tamburintweets.

Help Schaffer's family

Gordon Schaffer had been saving his Papa John's earnings so that he could move to Seattle. To honor his plan, his family is going there to spread his ashes.

Schaffer's friends started a fund to defray the cost online at www.gofundme.com/g5kjb0 and at every First Tennessee bank.

Help police

Investigators say tips from the community helped to identify the suspects who have been charged in connection with this case. They urge anyone else with information to call 931-381-4900.