Make us your home page

Today’s top headlines delivered to you daily.

(View our Privacy Policy)

One brother gets prison, another probation in bus stop shooting

TAMPA — Two brothers have been punished for their roles in last year's shooting of two East Bay High School students, with one getting probation and the other headed to prison.

Brian Gainey Jr., 18, and James Gainey, 17, accepted plea agreements from prosecutors on Oct. 23.

The elder brother, accused of firing the gun, pleaded guilty to two counts of attempted first-degree murder. He received the stiffest sentence from Hills­borough Circuit Judge Ronald Ficarrotta: 15 years in prison plus five years of probation.

Prosecutors dropped the attempted murder charge against James Gainey. His attorney, Brian Gonzalez, said the evidence was weak as to whether the younger Gainey knew there was going to be a shooting.

He was allowed to plead guilty to a lesser charge of aggravated battery with a deadly weapon and received four years of probation. Ficarrotta withheld adjudication, meaning James Gainey will not be considered a felon.

He owes $2,400 in restitution to the victims, who were not in the court, Gonzalez said.

Neither brother can have any contact with Jessica Davis or Gregory Powell, both 16 when they were shot in December as they walked home from their bus stop in Gibsonton's Carriage Pointe subdivision.

The Gaineys apparently were avenging an earlier bus stop beating of their younger brother. Witnesses said they heard James Gainey threaten to hurt those who watched his younger brother's assault without helping him.

In June, the East Bay graduate who drove the brothers to the bus stop pleaded guilty to misdemeanor battery. Jeffrey Argo, 20, received a year of probation.

Colleen Jenkins can be reached at or (813) 226-3337.

One brother gets prison, another probation in bus stop shooting 10/29/08 [Last modified: Friday, October 31, 2008 6:08pm]
Photo reprints | Article reprints

© 2017 Tampa Bay Times


Join the discussion: Click to view comments, add yours

  1. 2017 Florida Theme Park Guide: A look at this summer's top attractions


    Florida's theme parks are getting ready for their busiest season with new rides, shows and perks, and we have rounded up a guide to the best new things to see.

    The newest fireworks presentation at Magic Kingdom uses lasers, lights, projections and pyrotechnics showing characters and scenes from more than 25 Disney films. [Walt Disney World]
  2. Meet 'rave pops,' the EDM-loving, hard-dancing 72-year-old who went viral via the Sunset Music Festival (w/video)

    Music & Concerts

    Alan Grofé is a 72-year-old, semi-retired entrepreneur and former tech executive with frost-white hair, two grown children and five grandchildren.

    Alan Grofe dances at the Electric Daisy Carnival festival in Orlando in 2016. [aLIVE Coverage for Insomniac]
  3. Humana adding 200 telemarketing jobs in Tampa Bay

    Economic Development

    TAMPA — Health insurance company Humana Inc. is hiring more than 200 workers in Tampa Bay. The Louisville, Ky.-based company said Wednesday that the new positions will focus on phone sales for Humana's direct marketing services department.

    Humana is adding 200 positions to its Tampa office. Theo Sai, chief medical officer for seniro products at Humana, is pictured in the company's Tampa executive office in 2015. | Rachel Crosby, Times
  4. Congressman wants Trump to pay for Mar-a-Lago travel


    WASHINGTON -- This bill won’t go anywhere, but give Rep. Alcee Hastings creative points with the TRUMPED Act, aka Taxpayers Require Urgent Mandatory Protection from Egregious Debt Act of 2017:

  5. U.S. President Donald Trump and Belgian Prime Minister Charles Michel walk together during arrival at Melsbroek Military Airport in Melsbroek, Belgium on Wednesday. US President Donald Trump is in Belgium to attend a NATO summit and to meet EU and Belgian officials. [AP photo]