A 16-year-old Bellaire High School student will face charges as an adult in the slaying last year of schoolmate Jonathan Finkelman, an incident investigators now say was prompted by a $2 prescription pain pill.

KHOU-TV

Jonathan Finkelman was found dead at Godwin Park two days after Christmas.

Authorities originally said Finkelman was killed in a botched drug deal but said Wednesday that Warren Payne hatched a phony drug deal to rob Finkelman — as payback for being cheated out of one pill. But the plan went awry.

Payne was charged in juvenile court with capital murder in Finkelman's death.

He showed no emotion as state District Judge John Phillips announced his ruling to certify the teen as an adult.

The Payne family directed questions to its attorney, George Parnham.

"Warren was not the instigator," Parnham said. "It's not as it appears."

Prosecutor Terrance Windham said Payne deserves to be tried as an adult because he lured Finkelman to the sham drug deal at Godwin Park, where he was killed a year ago this month.

Windham said Payne apparently didn't want Finkelman killed, but he should have known his actions could lead to the death.

"He's the brains behind it," Windham said. "He set it up. He set up the deal."

Payne, a freshman at Bellaire at the time of the shooting and son of a local patent attorney, is the third suspect charged in Finkelman's death.

Dontae Terrell Moore, 19, is charged with capital murder, and Jeffrey Rene Lopez, 21, is charged with aggravated robbery.

New revelations

But witnesses, including Payne, revealed more circumstances surrounding the shooting, investigators said Wednesday.

During Wednesday's hearing, Houston police officer P.J. Guerrero, the lead investigator, testified that evidence he uncovered shows Payne had bought nine Loricet painkillers for $20 from Finkelman Dec. 27.

However, he said, Payne received only eight pills and was upset because he thought Finkelman deliberately shortchanged him.

He said Payne and Lopez discussed robbing Finkelman. Lopez said Moore and another man, whom police have been unable to identify, would help.

Payne arranged to meet Finkelman at Godwin Park. Some of Payne's friends, prosecutors said, knew about the plan and went to the park to watch the robbery.

One person authorities claim knew about the plan, Brandon Powell, 16, refused to testify at Wednesday's hearing, invoking his Fifth Amendment right against self-incrimination.

Finkelman drove his 1999 Mitsubishi Diamante to the park with a friend and parked on the wrong side of the street, next to a curb in the 5000 block of Dumfries.

Payne, Moore and the unidentified man climbed in the back seat and began discussing the drug sale with Finkelman and his friend, police said.

Investigators said Lopez stood outside the car with a shotgun as a guard.

Within minutes, Moore pulled a gun and demanded everything the others had. Finkelman struggled with Moore. Three shots were fired inside the car.

The first missed Finkelman; the second or third stuck him in the left side of his head, police said.

Payne jumped out and ran across the park. Moore shot him. The bullet pierced his liver and went through his lung before exiting, police said.

The gunman fled in another car.

Police said 250 Loricet pills were found in two medicine bottles inside Finkelman's car.

Police said the pills were worth between $300 and $500.