Two men charged with New Year's Eve killing in East Central Spokane

Dec. 21—Two men have been charged in a fatal New Year's Eve shooting in East Central Spokane after a nearly yearlong investigation.

Elijiah Harvey, 30, and Takao Bay, 27, were charged with first-degree murder in the killing of 42-year-old Carlos Thomas. Officers responded early in the morning on Dec. 31 to the shooting in the parking lot of Parkview Apartments, 1413 E. Seventh Ave., according to court documents.

Thomas was shot twice in the chest inside his parked Mercedes. Documents indicated Thomas was not wearing shoes at the time of the shooting and consistently slept in the car overnight in the parking lot.

Police believe Harvey shot Thomas while Bay was an accomplice, according to a Spokane police news release. Both were housed in the Spokane County Jail on unrelated charges when the murder charges were filed this week.

Harvey, dressed in yellow Spokane County Jail clothing, made his first court appearance Thursday when Spokane County Superior Court Commissioner Eugene Cruz set his bond at $1 million. Bay's first appearance was scheduled for Thursday as well but was moved to Friday afternoon.

A witness told investigators he was in the parking lot with Thomas on New Year's Eve when the witness' friends pulled into the parking lot in an SUV near Thomas' Mercedes. The friends got out of the SUV and spoke with Thomas.

The witness said he then left his friends and went inside an apartment, court records show. A few minutes later, he heard gunfire.

He told police the SUV was gone and Thomas was alone in his car after the shooting. One of his friends in the SUV went by "Trigger" or "KK," who police believe is Bay, documents say.

Another witness told police Harvey, also known as "Dopey," and Bay had visited his East Seventh Avenue apartment before when Thomas was there. One time, Harvey asked what Thomas was doing there, while also using a racial slur, the witness told police. Thomas is Black.

Thomas used to work at a Safeway warehouse next door to US Foods, where Thomas most recently worked, documents say.

At Safeway, Thomas worked with Ablos Kios, who was shot and killed in summer 2022 at Franklin Park in north Spokane. Three teens tied to the shooting of the 22-year-old have been sent to prison for the shooting.

The second witness, who died in July from an apparent drug overdose, told investigators he knows Harvey, Bay and their "associates" to "gang bang." He said their associates threatened Thomas in the past with a firearm and Thomas stood up to them and threatened to respond with a firearm.

The morning of the shooting, the witness was in his apartment when the first witness, who also stayed at the apartment, returned after saying he was hanging out with Bay and others. Shortly after, the second witness heard gunshots coming from the parking lot.

He looked out his apartment window to the parking lot below and saw a red Kia Sorento he knew to be associated with Bay parked next to Thomas' Mercedes sedan, the witness told police. Thomas was seated in the front passenger seat and slumped over the center console.

The witness said he saw Harvey standing outside the Mercedes holding a firearm and saying an expletive and racial slur. The witness also saw Bay standing outside on the other side of the car where Thomas was seated.

He said Bay was trying to close the door on Thomas' legs that were sticking out of the car. Bay had to close the door against his legs so Bay could get into the driver's seat of the Kia, documents say. The witness said he saw the Kia flee from the parking lot.

Police found two bullet holes in the driver's window to Thomas' Mercedes. Officers also recovered two discharged 9 mm casings outside of the Mercedes.

The location of the recovered casings, defects to the driver's window and gunshot injuries to the left side of Thomas' chest were consistent with Harvey shooting Thomas from outside of the Mercedes' driver's door, investigators wrote.

Harvey's mother told police Tuesday her son broke into her apartment around 2 a.m. some day last December wearing only his underwear and shoes. She said Harvey told her he had to get rid of everything because it had blood on it and that he didn't know whether a man in the car was dead.

She told police Harvey said he might have to go back to Beacon Hill, which is next to Minnehaha Park, to check on the car and light it on fire to get rid of the evidence.

Early on New Year's Day, Harvey sent Bay the coordinates for a vehicle at Minnehaha Park, documents say. Investigators recovered the Kia later that day.

A motion-activated Ring video surveillance clip captured the events immediately prior to the shooting, but the shooting itself was not captured, police said in documents.

The video shows Harvey standing between the Mercedes and Kia. The first witness is seen standing outside the Kia and appears to be interacting with a person inside the Kia before walking away.

Harvey can be seen pulling a gun from his jacket pocket, chambering a bullet into the firearm and eventually placing the loaded firearm back into a jacket pocket with his right hand on the gun.

A person believed to be Bay based on witness statements is heard from the Kia telling Harvey where Thomas is located in the Mercedes. Harvey walks around the Mercedes before the video ends.

Harvey's mother was shown the Ring video and recognized the person walking around Thomas' Mercedes with a firearm as her son.

She told police Harvey is a liar, manipulator and that he thinks he will get away with anything.

She said Harvey was diagnosed with bipolar disorder and schizophrenia and refused to take his medication.

She also said her son has been a handful his entire life and that he used drugs.

"She had recently come to her breaking point with Elijiah's lifestyle," police wrote.

Police wrote in documents that "fear had been a theme in the investigation" as witnesses were reluctant to make themselves known to law enforcement or provide statements.

Police surveillance of the Kia from an incident about one month prior to the shooting depicted eight male figures, who police suggested appeared to be Pacific Islanders, arrive and leave in the Kia. One was identified as Bay.

Surveillance footage from Northern Quest Resort & Casino showed a group of male figures, including Harvey, arrive and then leave in the Kia the day before the shooting.

Officers recovered the unoccupied Kia along a secluded roadway in Minnehaha Park on Nov. 1. The Kia was first observed by an area resident the night of Dec. 31, or several hours after the shooting.

Cellphone records showed Bay's device was in the cell towers' coverage area for the Parkview Apartments minutes before the shooting. Bay's phone left the coverage area at about 1:44 a.m., or 1 minute after the shooting was reported to 911, according to documents.

Harvey's Facebook account indicated he is a gang member and that he communicated with Bay. Police found a video Harvey sent the day before the shooting of Harvey with what appeared to be the Ruger 9 mm handgun used in the shooting.

Police wrote the Ruger Harvey had in the video matched the 9 mm casing found outside Thomas' Mercedes.

Harvey was in jail until July after a burglary arrest Jan. 11. Bay was booked into jail on May 1 for an alleged domestic violence assault. Both declined to speak with police and said they were unfamiliar with the investigation, police said in documents.

The Spokane County Jail roster indicated Bay has most recently been in jail since Dec. 9 and Harvey since Sunday.

Bay has four felony convictions, including possession of a stolen motor vehicle and attempting to elude a police vehicle, police said in the release.

A few weeks prior to Thomas' death, Bay was accused of firing a bullet into a north Spokane apartment complex. He was arrested on suspicion of several felonies but Bay was released from jail after the charges were not filed in Superior Court.

Harvey's criminal history includes felony convictions for theft, assault and unlawful possession of a firearm.

Besides murder, Harvey also faces two counts of unlawful possession of a firearm. The investigation is ongoing and additional charges are possible, police said.

Harvey is set for an arraignment Jan. 3. Both defendants remained in jail Thursday.