MOBILE, Ala. (WALA) - Authorities arrested Scott Byrd and Dylan Tyree while they were in court for a preliminary hearing Thursday. Officials said it was in connection to a burglary ring. The warrants were served on each teen for burglary charges.
Baldwin County DA Hallie Dixon said Tyree and Byrd were part of a ring that burglarized residences throughout Baldwin County.
"There are two new adult charges against them and actually they are being served and they are being arrested now," said Dixon
The warrants also included assault charges.
"We've got evidence of violence, evidence of class A felonies and two 17-year-olds who have been acting as adults and are going to be treated like them," said Dixon.
Dixon said Daniel Parnell was not involved with the burglary ring and will not face the additional charges.
Judge Jody Bishop will consider a reduced bond for Parnell.
Thursday morning, the three teenagers who authorities said were with Summer Moody the night she was shot on Gravine Island were in court for a preliminary hearing.
Scott Byrd, Daniel Parnell and Dylan Tyree are charged with first degree burglary.
The Baldwin County Sheriff's Office said the teens were breaking into a fish camp on Gravine Island around 3 a.m. on Sunday, April 15.
Authorities said three adults responded to the burglary, and two of them fired warning shots. One of those shots hit 17-year-old Summer Moody in the side of the head.
An investigator on the stand said he interviewed Daniel Parnell.
Parnell told the investigator the teens were going out to hunt alligators and catch frogs. Parnell said they had a rifle that was registered to Scott Byrd that they were going to use to shoot alligators.
During this trip, authorities said the group decided to go commit a couple of burglaries.
The investigator also said Parnell told investigators that Summer was an 'active participant' in the burglaries, although her exact involvement was not discussed.
An investigator said three men were staying at a nearby fish camp when they heard the burglary going on at a fish camp owned by a man named Russell Beasley.
The investigator said the three men decided to go over and take a look. The investigator said the men had been told by the Alabama Marine Police that if a crime were to occur on Gravine Island, they should take it into their own hands.
The investigator said that Marine police does not have a 24-hour watch, and Sheriff's deputies do not have a boat to get to the island, so any response to crime would take quite a while.
So, with that knowledge, the investigator said the men went on a boat to the island with two rifles.
The investigator said according to testimony, Larry Duncan saw a teen in an orange shirt and another teen had jumped in the water.
The investigator said the men believed the teen in the orange shirt had a gun and in reaction, Nick Hearn fired a shot into the ground, and then Duncan fired a shot into the woods.
The two teens, which investigators said were Scott Byrd and Dylan Tyree came out. The investigator said the three men realized that these burglars were teens, not adults, so they told them "Get your a** out of here."
The investigator said the men then got into a boat and waited for the teens to leave. They said they didn't realize another teen and Moody were in the group, too.
After some time went by, they returned to the dock of fish camp. He said that's when the men saw the three teens with Moody. They said the teens were waving their arms and asking for help.
The three men went to Cloverleaf landing and called 911, while the investigator said the three teens went to Burns Lake landing where they were later met by deputies.
The investigator testified near the palmetto bush where Summer was shot, there were bullet holes found on plant leaves. They also saw a pool of blood nearby.
The investigator said whether it is night or day, visibility behind the bush is very poor.
One investigator said the charge of first degree burglary was a result of a knife that was found in the porch of Beasley's fish camp which they had burglarized.
The gun, which an investigator said belonged to Scott Byrd, was found on the dock near where the group of teens had tied up their boat.
The investigator said there is no indication the boys were armed with a gun when they went into the fish camp.
The three men who are said to have fired the shots were not in court Thursday. Dixon said the subpoenas were not properly served because the men live in the Mobile County jurisdiction.
The three teens were present in the courtroom. Parnell was the only one in an orange jumpsuit, because he remains behind bars. Byrd and Tyree were able to post bail and were dressed in long sleeved collared shirts and slacks.
Byrd looked sullen throughout the trial and sometimes hung his head low. He didn't respond much during the testimony.
Every so often, Parnell and Tyree would shake their head 'no' during the testimony offered by the investigators.
The investigator said the sheriff's office believes it is
highly plausible that Duncan shot Moody. But based on circumstances, Duncan didn't know he hit her.
He said the sheriff's office is still waiting on forensics.
The investigator said he spoke with the medical examiner. He said a total of 14 pieces of shrapnel were removed from Moody's head.
He said Moody was not shot in the back of the head. He said she was shot in the side of her head at a downward angle.
After Dixon announced the 20 additional warrants that were issued for Byrd and Tyree, they were handcuffed and taken away.
Dixon said afterwards, "(Tyree and Byrd) participated in armed burglaries and violent assaults in the past, and it's just a horrible tragic conclusion."
Family members for the defendants were not willing to speak to reporters.
Robert Stankoski, the Attorney for the Moody family was at the hearing. He said the family thinks this is absurd.
"The district attorney has already concluded this was a tragic accident; it was not a murder. If it's not a murder, then the crime of felony murder doesn't apply. There's no such crime as horrible tragic accident or felony negligent death," said Stankoski.
The case has now been bound over to a grand jury.
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