Shortly after 2:00 a.m. on August 3, 2008 Eastway Division Officers responded to a call for service regarding a Robbery and Assault With A Deadly Weapon With Injury. Witnesses on scene told officers they observed the suspects and victim arguing and then fighting. At one point during the physical altercation, the suspects held Mr. Simmons while they went through his pockets. A few seconds later, one of the suspects produced a handgun and shot Mr. Simmons once in the groin area and then fled the scene on foot. Detectives determined shortly after the incident that the victim and suspects were known associates, but it was unclear what they were arguing about before the shooting.
Mr. Oxner is being held at the Mecklenburg County Jail. He has a number of previous arrests on charges ranging from Assault on a Female and Possession of a Firearm by a Felon to Driving While License is Revoked and Possession With Intent To Sell/Distribute Within 300 feet of a school. A second suspect was questioned by detectives but has not been charged in this incident.