- Associated Press - Wednesday, September 24, 2014

HAYDEN, Ind. (AP) - One of three Indianapolis men arrested in the fatal shooting of a southern Indiana firearms dealer and theft of dozens of guns was a FedEx driver who made deliveries to the victim’s store, a prosecutor said Tuesday.

Scott Maxie, 61, was found shot in the head Sunday night at his gun shop near the Muscatatuck National Wildlife Refuge, about 50 miles south of Indianapolis.

Delivery driver Darryl Worthen, 24, his 23-year-old brother Dejaun Andre Worthen, and their cousin Darion Dashon Harris, 20, were being held without bond on preliminary murder and robbery charges, Jennings County sheriff’s Maj. Jerry Shepherd said.

Darryl Worthen made a delivery at Maxie’s store on Friday. He came back to the shop to look at guns with his brother and cousin the following day, and on Sunday afternoon the three returned to steal the weapons, Jennings County Prosecutor Alan Marshall said at a Tuesday news conference.

Investigators believe Worthen shot Maxie in the head with a .22-caliber handgun before the three suspects fled with 47 guns from Maxie’s shop, Marshall said. Maxie’s ex-wife, Dawn Maxie, discovered him dead behind the store counter Sunday night, investigators said.

“In our county, we try and give justice with mercy, but in this case in don’t think there will be any mercy,” Marshall said. Marshall would not say whether he would seek the death penalty.

It wasn’t clear whether the three had attorneys.

FedEx released a statement saying “we wish to extend our heartfelt thoughts and condolences to the family and friends of those involved. We are cooperating fully with authorities.”

The three were arrested in Indianapolis on Monday. Investigators found four guns during a search of an Indianapolis home, Shepherd said.

The Federal Bureau of Alcohol, Tobacco, Firearms and Explosives said the 47 stolen weapons included handguns and long guns.

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