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Cape teen charged with violation of probation

By Staff | Jun 2, 2011

A Cape Coral teen who was 14 when he was convicted of felony murder after his brother was killed during a botched robbery attempt in 2007 has been arrested on drug and probation violation charges. Bond has been denied.

Devon Sterling Gallagher, 18, of 1108 NW 9th Place, was arrested May 27 after a deputy noticed him not wearing a seatbelt while driving in North Fort Myers, according to a Lee County Sheriff’s Office report. A Sheriff’s Office canine gave an alert on the passenger side of the car that drugs may be in the blue Jaguar.

Inside the car deputies found a small marijuana cigarette, which “Gallagher stated was his but didn’t think that it was illegal,” according to the report.

Deputies also found seven prescription bottles, only one of which was prescribed to Gallagher. The other six belonged to friends, Gallagher is reported as saying to deputies. Inside those bottles were 616 Oxycodone pills and 60 Alprazolam.

He was given a citation for the marijuana and released.

Meantime his probation officer was contacted and Wednesday evening deputies arrested him on violation of probation on a second-degree murder and attempted armed robbery while masked convictions.

Previous reports show Gallagher and his brother (referred in in some reports as half-brother) Damione Gregory Massey, 16, put masks on their faces, went into a grocery in the Dunbar community, wielding a sawed-off shotgun and handgun and fired at the store manager. The store manager returned fire with a Glock handgun, striking Massey in the head. He died, face down, in front of the store’s counter.

Fort Myers police had issued an alert to area hospitals looking for a man suffering from a gunshot wound and Gallagher was found a short time later at Lehigh Medical Center. He was transferred to Lee Memorial Hospital.

The teens lived in Lehigh Acres at the time of the botched armed robbery.

Gallagher was originally sentenced to serve a four-year term in state prison. He was released Nov. 1 and placed on two year’s probation, said Gretl Plessinger, a Florida Department of Corrections spokeswoman. He was to be released from probation on Halloween 2012.