CLEVELAND, Ohio -- Two men who police say were part of a three-person group that attacked and robbed an 36-year-old man, who then fatally shot one the third robber, are now charged with murder.

David Wagner, 28, and Devaughnte Rice, 26, are charged in the Sept. 5 robbery attempt that turned into a deadly shootout on East 30th Street and Project Avenue in the city's Central neighborhood.

Rice is a convicted Heartless Felons gang member and both he and Wagner have prior felony convictions.

Both were arrested Tuesday and are in the Cuyahoga County Jail awaiting their first court appearance.

Fellow armed robber Deandre Wilson died when the group's target fired several gunshots that killed him, according to court records.

Ohio law allows for murder charges to be filed if someone commits a felony that leads to someone's death.

The 36-year-old man who shot Wilson has not been charged with a crime.

The shooting happened about 10:30 p.m. as the 36-year-old man pulled into a parking space at an apartment complex.

Wilson, Rice and Wagner walked up to the man, pointed guns at him and stole one of the man's gun. The group repeatedly punched, kicked and pistol-whipped him while he was on the ground, according to police.

The man pulled out a second gun while he was on the ground and fired several shots at the group. The trio returned fire. One of the bullets hit Wilson, 26, in the chest. He was taken to MetroHealth where he died.

No one else was injured in the shootout.

Both Wagner and Rice have prior felony convictions.

Rice was convicted of being a member of the Heartless Felons street gang. He and five others were charged after gang members attacked a man at a Cuyahoga Metropolitan Housing Authority apartment complex on Cedar Avenue and East 28th Street.

The group chased a man and woman into their apartment and threatened to kill them and shoot up their apartment. Four hours later the group fired eight gunshots into the apartment but injured no one.

CMHA detectives eventually identified Wagner as part of the group. He pleaded guilty to criminal gang activity, robbery, felonious assault and shooting into a home. He was sentenced to four years in prison and was released March 9.

Rice was also convicted in a 2011 robbery attempt in which he pulled a gun on a man on East 22nd Street and Payne Avenue. He was sentenced to probation in that case.

Wagner in 2010 was sentenced to three years in prison in a home invasion in which he and two others robbed an apartment with three young children inside. The group burst into the CMHA apartment on East 66th Street near Woodland Cemetery. Three kids -- two 14 year olds and an 11 year old -- were the only people inside. The group took a TV and ran off.

Wagner has prior convictions for drug trafficking, assault and resisting arrest.

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