A man was 'executed' with a machine gun at a Birmingham industrial estate following a dispute over a stolen quad bike, a court has heard. Gavin Parry was shot dead at the site off Western Road between Winson Green and Hockley on April 14 in 2021, a jury was told.
It was alleged the 31-year-old was himself armed with a STEN machine gun and was wearing a bulletproof vest but was struck with two bullets to the head fired from a Skorpion machine gun. Jurors were told murder-accused Dante Kalsi and Theo Bailey broke into the manager's office to disconnect the CCTV at the estate before the killing.
However, it was alleged the latter forgot to turn off cameras at his own unit, where the shooting took place, and realised while he was on the phone to 999 as he 'acted out the part of a shocked and nauseated member of the public', the court heard.
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The court heard that the case was featured on the BBC's Crimewatch UK after Bailey and his co-accused brother Remell Bailey hid from police with the latter sibling remaining at large. Theo Bailey, aged 32, from Victoria Road, Handsworth, denies murder and perverting the course of justice while Kalsi, aged 27, previously of Walsall, denies murder.
Opening the case at Birmingham Crown Court today, Tuesday, June 11, prosecutor Annabel Darlow KC, said: "On the 13th of April of 2021 Gavin Parry was shot and killed at an industrial estate in Winson Green in Birmingham. Mr Parry was shot twice in the head and his body was left lying in the entrance to one of the units at the estate. Mr Parry was a young man aged just 31 at the time he died."
She told the jury a second man was accidentally shot and suffered serious injuries but survived. Ms Darlow continued: "A few hours before Mr Parry died he had a dispute with a number of people about a stolen quad bike. Mr Parry had brought that stolen quad bike to a unit at the estate that was occupied by Theo Bailey.
"It seems Mr Parry tried to sell that bike but ended up having a dispute with Mr Bailey's brother Remell Bailey. After the dispute Mr Parry left the estate and drove away but about 26 minutes later Mr Parry came back to the estate and went straight to Theo Bailey's unit. Immediately on his arrival he was shot and killed in what the prosecution say was frankly an execution-style murder."
She stated that when Mr Parry left after the first occasion the Bailey brothers and Kalsi 'swiftly reached an agreement' that upon his return he would be 'ambushed and killed'. Ms Darlow told the court they took three main steps to 'orchestrate' the killing without 'leaving behind a trail'.
She told the court that firstly they secured and got ready the Skorpion machine gun, secondly they broke into the estate manager's office to disconnect the CCTV and thirdly they cleared the area of vehicles and other people. Ms Darlow added that Theo Bailey tried to call the estate manager to 'pre-emptively shut down the CCTV' and made 'frantic' attempts to contact the tenant of another unit. It was alleged he broke into the other unit using bolt cutters because there was something inside he 'urgently required'.
The court was told there were 13 men in the main unit who 'stayed out of sight' until Mr Parry arrived. Ms Darlow said: "When Mr Parry returned to the unit it's obvious he was expecting very serious trouble indeed. He was armed with what appears to be a STEN machine gun and was wearing a protective ballistics vest."
She told the jury Mr Parry was driven back to the unit in a Ford Fiesta and made his way 'purposefully' to the unit but was 'immediately shot dead with two bullets being fired directly into his head'. The prosecutor stated eight shots were fired in total from the same weapon with two of them hitting the other man who was 'accidentally injured'.
It was said police later found five unfired bullets at Kalsi's address which were the right caliber for the Skorpion gun. Ms Darlow said while most of the men at the unit 'swiftly disappeared' the Bailey brothers and Kalsi remained to 'start a cleanup operation', which included removing a bundle of items - possibly including both machine guns - into a unit opposite.
The court was told Theo Bailey waited six minutes before he called 999 at 5.28pm. Ms Darlow said: "When he called 999 Mr Bailey lied his head off. He pretended the shooting had only just happened and he pretended he hadn't been there and had been elsewhere in the estate at the time and acted out a part in the call.
"He acted the part of a shocked and nauseated member of the public who was reporting a grave crime. So far so good but a chance question by the operator caused the mask to slip and cause Mr Bailey to show himself for what he was."
After reminding the jury that one CCTV system had been successfully disconnected she added: "When the operator asked about CCTV Mr Bailey thought 'oh no I've forgotten the CCTV at my own unit'. What he does then is extremely revealing."
The jury was told Theo Bailey proceeded to turn off the cameras on his unit while he was on the phone. The court heard that after being arrested the Bailey brothers were released on bail under police investigation but then 'both went to ground and sought to evade all police attempts to arrest them over many months'.
Ms Darlow said: "Those police efforts were extensive. There was a live appeal on Crimewatch for their arrest. That was unsuccessful. Press releases, unsuccessful. Theo Bailey remained at large for almost a year and it was at the end of last year he was found hiding in an address. Remell Bailey to this day has dodged attempts to arrest him and he remains at large."
The trial continues...
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