XPost: talk.politics.guns, alt.california, alt.fan.rush-limbaugh
XPost: sac.politics
https://www.kcra.com/article/3-charged-murder-sacramento-gunbattle-k- street-shooting/39898366
SACRAMENTO, Calif. —
Three people who took part in a gang-related gunbattle in downtown
Sacramento that left six dead and 12 injured were charged with multiple
murder counts on Tuesday, according to Sacramento County’s district
attorney.
In a press conference held by the Sacramento Police Department and
Sacramento County District Attorney’s Office, brothers Smiley and Dandrae Martin — both in custody — face three murder charges in relation to the
three bystanders who were killed in the K Street shooting. A third shooter
who has yet to be found, Mtula Payton, was also charged with three counts
of murder.
The three murder charges they each face are for the people who were
bystanders in the shooting, according to Sacramento County District
Attorney Anne Marie Schubert. The victims are 57-year-old Melinda Davis, 21-year-old Yamile Martinez and 21-year-old Johntaya Alexander.
The other three people killed in the shooting are 29-year-old DeVazia
Turner, 38-year-old Sergio Harris and 32-year-old Joshua Hoye Luchessi.
They are not considered victims because of a California law that holds all participants of a shootout responsible for the deaths of any bystanders, Schubert explained.
“It doesn’t matter whose bullet killed who. What matters is that this was
a gun battle between rival gang members who came armed to this scene in downtown Sacramento and innocent bystanders died," Schubert said.
Aside from the murder counts, each of the three men faces enhancements and additional charges. Schubert said Smiley faces charges related to the use
of a fully automatic gun and being a felon in possession of a fully
automatic gun.
He has enhancements to use charges because of a previous robbery
conviction. Dandrae has weapons charges related to being a felon in
possession of a handgun, and he has a prior felony conviction out of
Arizona.
Payton, the identified third shooter who's yet to be captured, faces
charges relating to being a felon in possession of a handgun and also has previous felony convictions, Schubert said. What's more, is that he has an enhancement for committing crimes while out on bail.
Separate from the shootings, Schubert revealed that Payton has also been charged with three counts of EDD fraud related to pandemic aid.
Schubert said all three are eligible for capital murder charges, but a
decision has not been made on whether to seek the death penalty.
No charges have been filed in relation to the people injured in the
shooting, but Schubert explained that there is still much to investigate
before bringing forward any charges for injuries.
On Tuesday, Schubert and Sacramento Police Chief Kathy Lester explicitly described the shooting as a gunbattle between rival gangs. Several videos
that surfaced since the early morning April 3 shooting have also hinted at
gang ties.
Hours before the shooting, an Instagram video showed the Martin brothers
with Hoye Luchessi expressing their gang ties, all while pointing their
guns at the camera.
Documents filed by the district attorney's office also detail the seconds before and after the shootout, and they also revealed the gang
affiliations of the three men killed, as well as the Martin brothers and Payton.
Investigators believe that at least five people fired guns. Police believe
that the Martin brothers, as well as Payton, fired the guns. The court documents from the district attorney's office also directly state that
Turner had fired his weapon.
Schubert said more than 100 shell casings were found from the handguns of
two different calibers, and more than 200 videos were submitted to the Sacramento Police Department. More than 40 detectives were assigned to investigate the shooting, including 12 focusing on the K Street shooting full-time.
At least 70 to 80 people were in the vicinity of the shooting, Schubert
said.
According to court records, Dandrae had had previous run-ins with the law
and has been wanted in Riverside County since 2015. Jail records show he
has an outstanding warrant for a misdemeanor domestic violence charge.
KCRA 3 Investigates also found that Smiley Martin was previously released
from prison in February after serving about half of a 10-year sentence for domestic violence due to credits in custody.
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