Statement describes deadly fight between Hervey City tow owner, accused killer
HERVEY CITY, Ill. (WCIA) — A sworn affidavit released by law enforcement is revealing more information, including a detailed description of events, about the shooting in Hervey City on Monday that left a tow business owner dead.
The affidavit says that the shooting at Five Star Auto Sales happened during a physical struggle between Gregory Hostetler, his nephew Kolby Sunderland and alleged offender Tiimon Perry. The struggle, law enforcement learned, was over a dispute between Perry and business staff over a $50 tow that happened earlier that day.
The four-page document, signed by a Macon County Sheriff’s detective, includes testimony provided to law enforcement by Sunderland and Hostetler’s father Leonard, who also worked at Five Star.
The sequence of events that culminated in the shooting started with a call from a woman to tow a Hyundai with a flat tire. Staff brought the car to the business on Route 121, where Perry arrived just before 2:40 p.m. to change the tire.
The detective said that Perry asked for a screwdriver, which the business provided, and then told staff he had to leave to get more tools. Leonard then requested that Perry either leave the Hyundai’s key or pay the $50 cost of the tow; they were worried Perry would fix the tire and then leave without paying.
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The detective said Perry started arguing with Leonard. Hosteler, seeing that Perry wasn’t cooperating, moved the Hyundai to a secure part of their lot and then came to the front of the business. He then started arguing with Perry, which turned physical. The two ended up fighting inside Perry’s car through the passenger-side door.
When Leonard went into the business to tell other staff about what was happening, Sunderland went outside and saw his uncle and Perry inside Perry’s vehicle. The detective said Hostetler then yelled to his nephew that Perry had a gun and that he needed help.
Sunderland subsequently climbed over his uncle and began hitting Perry to get him to drop the gun. At some point during the struggle, the driver’s-side door of Perry’s car opened and he and Hostetler spilled out onto the ground. When Sunderland exited the car through the passenger-side door and ran around to continue helping his uncle, he told law enforcement that he saw his uncle trying to get the gun from Perry.
At some point during the struggle, the detective said Hostetler disengaged from the struggle for an unknown reason and when he tried to reengage, that’s when Perry fired a shot that hit Hosteler in the face.
Sunderland said that immediately after, he realized Perry was aiming the gun at Sunderland’s face. Sunderland grabbed the gun and tried to push it away to the left, at which point Perry fired again and shot Sunderland in the left shoulder. Despite the injury, Sunderland continued to fight for the gun, slamming Perry’s head against the ground until he let go of the weapon.
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The detective said that once he let go of the gun, Perry tried to flee by running north. Sunderland grabbed the gun and fired one round at Perry, hitting him in the buttocks and groin area. Perry continued to flee northbound until he was out of Sunderland’s sight. Sunderland then emptied the gun of its remining bullets and gave it to his mother, who took it to the business office.
The detective said that Sunderland advised responding officers that no one at the business, aside from Perry, had possessed a gun during the altercation until Sunderland himself grabbed Perry’s weapon.
Mt. Zion Police was the first agency to respond to the call of a shooting and their officers found Perry on the north side of the business between two parked vehicles. He was detained and taken to the hospital; when officers tried to question him, Perry refused to talk without an attorney present.
Hostetler was pronounced dead at the scene and an autopsy confirmed he died from the gunshot he received to his face. Sunderland and Perry were both taken to a Decatur hospital. Both have been discharged, with Perry being taken to the Macon County Jail on first degree murder charges.
Perry was denied pretrial release at his initial court hearing on Thursday.
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