Three charged with murder in connection with Sacramento mass shooting. Here’s what we know

Sacramento prosecutors have filed the first murder charges in the April 3 gang shootout downtown, charging brothers Smiley Martin and Dandrae Martin and fugitive Mtula Payton each with three counts stemming from the shooting deaths of three women killed in the crossfire.

Sacramento County District Attorney Anne Marie Schubert and Sacramento Police Chief Kathy Lester announced the charges Tuesday afternoon as prosecutors filed court documents outlining the precise details of the 2 a.m. shootout that killed six people and wounded 12 gathered near 10th and K streets.

“This was a gun battle between two rival gangs,” Schubert said. “The evidence shows that the rival gang members armed themselves with weapons.”

The Martin brothers, who are currently in the Sacramento County Main Jail on weapons charges, and Payton, who is still being sought by police, are each charged with three counts of murder in the deaths of Yamile Martinez, 21; Johntaya Alexander, 21; and Melinda Davis, 57, who authorities believe were innocent bystanders cut down in a hail of bullets between two groups of shooters.

Schubert’s office filed the charges along with special circumstances that the suspects allegedly committed multiple murders, a filing that could lead to a death penalty prosecution if Schubert’s office decides to pursue that.

Payton also was charged separately with $45,000 in Employment Development Department fraud allegedly committed while he was in prison in 2020.

No charges were filed in the deaths of three men shot that night, with court papers saying they were involved in the gunfight or appeared to be armed. A 47-page arrest warrant filed with the charges says Joshua Hoye-Lucchesi, 32, is seen on video “holding a dark object in his hand that could be consistent with a black firearm,” that DeVazia Turner, 29, is seen on video firing a gun and that Sergio Harris, 38, was later found to have gunshot residue on his hands.

The shootout appeared to stem from a confrontation near Sharif Jewelers at 10th and K streets between two groups of gang members on the streets, according to the arrest warrant, which is based on video from a dozen cameras downtown and witness statements.

In all, according to the police document, investigators recovered 114 spent casings.

“Investigators located approximately 51 spent nine-millimeter (9mm) caliber shell casings near the apex of where the east 10th Street sidewalk curves east turning into the north K Street sidewalk,” the warrant says. “An additional 18 spent 9mm caliber shell casings were located along the east 10th Street sidewalk heading north toward J Street.”

Surveillance video shows confrontation

One witness told detectives that he was standing along the west wall of Sharif Jewelers just before the shooting when “he heard a group of individuals cursing at each other at the corner,” the warrant says.

The witness told police he saw a man identified later as Payton “pull up their white hooded sweatshirt and brandish a black semi-automatic handgun in their waistband” just before 2 a.m., and that moments later the crowd of 70 to 80 people began running.

“At 1:57:10 a.m., the crowd around the corner of Sharif Jewelers continued to run from the area,” the warrant says. “Individuals ran across the street, cars backed away from the corner before their passengers could get inside, and food (vendors) left a cart unattended.”

The warrant says the three men charged with murder, as well as three men killed in the shootout — Harris, Hoye-Lucchesi and Turner — were all convicted felons who were prohibited from possessing firearms or ammunition and that each was a gang member.

One group of men consisted of the Martin brothers and Hoye-Lucchesi, who recorded a video posted on social media hours before in which they could be seen waving handguns and a rifle, the warrant says, while the other group included Harris and Turner.

The two groups converged after some of them emerged from the District 30 nightclub at 10th and K and were walking toward the London nightclub, according to the warrant.

‘What’s you staring at? Is there a problem?’

A witness who was shot during the melee and is identified as a member of the Del Paso Heights Blood gang later told police the confrontation began with Smiley Martin, 27, according to the warrant.

“This witness told detectives that ‘everybody’s coming out of District 30 going towards London. Walking down the street,’” the warrant says.

“Dude, was like, ‘What’s you staring at? Is there a problem?’” the witness told police. “The witness identified Smiley Martin as the ‘dude’ that confronted him and told detectives, ‘The only thing I heard was MOB this and MOB that and everybody was scattering.’” (The warrant lists gang affiliations for some of the suspects and victims as including the G-Mobb/Starz and Trigga Mob gangs.)

“At 2:00:21 a.m., the witness wearing a red and white jacket told detectives that Smiley Martin pulled out a black handgun and held it against his left leg just prior to the shooting,” the warrant says. “Surveillance video recorded Smiley Martin holding what appeared to be a black handgun with an extended magazine in his left hand along his left leg.”

Previously filed court documents say Smiley Martin fired 28 rounds from a fully-automatic Glock 19 handgun with a laser sight and an extended, 30-round magazine that he tossed away at 1029 K St. after being wounded in the shootout.

Just before the shooting began, Smiley Martin and Hoye-Lucchesi each pulled a woman back who was standing between the two groups, and the shooting started a short time later, the warrant says.

“The surveillance footage showed a muzzle flash coming from the area directly in front of Devazia Turner’s chest,” the warrant says. “Devazia Turner’s black t-shirt with square gold graphic can be seen behind the muzzle flash, as people respond to the first shot.

Cameras capture gunfight, fatalities

“In viewing surveillance footage from the El Santo night club on the southeast corner of the intersection, detectives could observe multiple muzzle flashes coming from the area where Devazia Turner and Sergio Harris were standing. At 2:00:38 a.m., Yamile Martinez is recorded falling behind Joshua Hoye and Smiley Martin.

“Detectives were able to observe that following the commencement of the gun battle, Devazia Turner could be seen backpedaling, heading northbound on 10th Street, with his arm extended, firing multiple rounds from a firearm at Dandrae Martin and Smiley Martin.

“At 2:00:39 a.m., Smiley Martin stepped to the west and fired the handgun in his hand toward the north. The muzzle flash from the handgun was large and sustained, which detectives recognized as being consistent with being a full-automatic gun firing. Audio recordings also corroborate a full-automatic gun being fired during that time.”

Surveillance video showed Smiley Martin continuing to fire toward Harris and Turner, while Dandrae Martin, 26, began firing a handgun toward them, as well, the warrant says.

As the shooting continued, Joshua Hoye-Lucchesi fell to the ground outside Sharif Jeweler’s wall on K Street, and Payton began running and firing a handgun toward 10th and K, the warrant says, adding, “At the time he fired, no one was at the corner firing back at him.”

“Video showed that at the same time (2:00:47 a.m.), Dandrae Martin and another male individual went to Joshua Hoye’s body,” the warrant says. “Smiley Martin joined them and appeared to flip Joshua Hoye over and pull him to the south. ... As Joshua Hoye’s body was flipped over, two dark objects fell from his body. One of the objects appeared to be a handgun.

One suspect continued firing as he fled

“Surveillance video showed that Mtula Payton continued to shoot southbound as he ran northbound on 10th Street toward J Street. During scene processing, 18 spent 9mm shell casings were located in the area of Mtula Payton’s path of travel. The distance of the Mtula Payton’s trail of spent casings measured approximately 257 feet.

“At 2:01:06 a.m., Mtula Payton ran northbound and was recorded still firing a handgun southbound toward the northeast corner of 10th Street and K Street. At this time, Mtula Payton was approximately 325 feet north of the initial shooting and appeared to be firing indiscriminately toward the south while running.”

The warrant says Payton rounded the corner onto J Street and jumped into a white Chevy Equinox he had earlier parked in front of Rodney’s Cigars.

At the same time, the Martin brothers fled east on K Street toward the Cathedral of the Blessed Sacrament before Smiley Martin collapsed and later was found by police, the warrant says, adding that police found the fully-automatic Glock nearby in a building alcove.

“The Glock 19 was found with the magazine still inserted and had blood covering it,” the warrant says.

Payton is still being sought by police, Lester said.

“We have a team of detectives that is currently using all resources available to them,” Lester said, adding that tips from the public would be welcomed.

Lester added that 40 detectives have been working on the shooting investigation, including 12 assigned to it full time.

This story was originally published May 3, 2022 at 4:00 PM with the headline "Three charged with murder in connection with Sacramento mass shooting. Here’s what we know."