One of the men who opened fire early Sunday morning on a crowd of people in Sacramento, six dead, was a career criminal who was released from prison in February for just four years in a 10-year sentence for convictions for crimes and robbery, reports said. .
The decision, made by California’s Department of Corrections, was even made over the strict objections of the Sacramento County District Attorney’s Office, which submitted a letter saying the man ‘showed a pattern of criminal behavior’ and a ‘significant’ danger to the community.
Smiley Martin, 27, was arrested Tuesday morning and remains in a local hospital where he is recovering from a gunshot wound to the head. He is accused of possessing a machine gun and possession of a firearm by a prohibited person in connection with the incident.
A total of three men were arrested in connection with the shooting – including Martin’s brother, Dandrae Martin, 26, who was remanded in custody on Monday and appeared in court on Tuesday afternoon on gun charges, where he did not plead guilty.
His criminal record includes charges of domestic violence, aggravated assault, criminal damage and marijuana offenses.
Smiley and Dandrae are believed to be the two who fired the guns. Smiley posted a live Facebook video of himself with a gun hours before the shooting. Authorities are trying to determine if the weapon shown in the video was used in the shooting.
Smiley faces charges of possession of a machine gun and possession of a firearm by a prohibited person in relation to the incident.
He is also a career criminal with a long record dating back to 2013, which was described last year by prosecutors as a danger to the community – and someone who should not be released.
He served a 10-year sentence for domestic violence and abuse with grievous bodily harm, according to the Sacramento Bee.
A letter from the Sacramento County District Attorney’s Office to the Board of Parole Hearings on April 29, 2021, asked the state DOC to deny Smiley’s request for early release from prison ‘because he poses a significant, unreasonable risk to security’ for the community forms. ‘
In the letter, Danielle Abildgaard, the deputy district attorney, states that Smiley’s his entire adult life ‘has shown a pattern of criminal behavior’ because he has committed various crimes.
The letter from the DA’s office states that Smiley had previously been convicted of robbery and possession of a firearm. He had also convicted a former criminal for giving false information to the police.
“Inmate Martin has repeatedly shown that he cannot follow the laws, or conditions imposed on him by the court,” the letter said.
‘His history indicates that he will follow his own personal agenda, despite the consequences and regulatory constraints placed on him.
“If he is released early, he will continue to break the law.”
Despite this request, Smiley Martin was released in February, California Corrections spokeswoman Dana Simas told the Sacramento Bee. She cited pre-sentencing credits for the early release.
“Before reaching a CDCR facility, Martin had already received 508 days of pre-conviction credits, and received a variety of additional credits after conviction,” the spokesman wrote in an email. “He was released in February 2022 for probation in Sacramento County.”
Smiley Martin, two days before he was released on Sacramento County probation in February. He was released six years early from a 10-year sentence
Dandrae Martin, 26, is due to appear in court in Sacramento on Tuesday. He did not plead
Dandrae is seen talking to his lawyer Linda Parisi. She said she needed more time to work on the case before filing a lawsuit
Witness video showed rapid-fire gunfire of at least 76 shots that rang in the course of 54 seconds as people screamed and ran for cover
The shooting broke out at 2.01am in downtown Sacramento after a fight broke out on 10th Street
Anne Marie Schubert, the Republican district attorney for Sacramento, testified The Washington Post on Tuesday that California’s laws regarding early release should be reconsidered.
She criticized new rules, adopted by the state legislature in recent years, that allow eligible inmates with non-violent crimes a chance to be considered for early release.
“We do not call ‘criminal possession of a firearm’ a violent crime,” Schubert said.
‘We do not call people who have committed domestic violence – even if they have a violent history – we let them out early, constantly.
“And that’s a dangerous recipe.”
Schubert, who runs for California Attorney General, declined to discuss specifics of the investigation, but gave a general call to reduce gun violence.
“It does not matter on which side of a political corridor you stand,” she said. ‘Nobody wants guns, illegal guns in the hands of criminals and banned persons.’
A third man was also arrested on suspicion of weapons.
Daviyonne Dawson, 31, was arrested Monday for carrying a gun in the area while she was banned from carrying one.
He is not accused of crimes related to the shooting and the police do not currently believe that his gun was used in the massacre.
Sacramento police said they are working to identify more suspects.
Police confirmed to the Los Angeles Times Wednesday that a stealth pistol was used in the shooting, and it was converted to a use as an automatic weapon that can fire like a machine gun.
Photos from DailyMail.com showed how the devastation spanned two city blocks, with markers indicating that more than 250 shots were fired. Police have estimated that at least 100 shots were fired.
On Sunday, shots rang out on the intersection of 10th Street and K Street in Sacramento as bars and nightclubs erupted.
Witnesses reported a massive fight with multiple men.
They told police they saw men shooting from cars and fleeing on foot with guns in their hands.
Six innocent people were killed; homeless wife Melinda Davis, 57, Joshua Hoye-Lucchesi, 31, Johntaya Alexander, 21, Yamile Martinez-Andrade, 21, and cousins Sergio Harris, 38, and DeVazia Turner, 29.
Turner’s mother Penelope Scott told The Associated Press on Monday: ‘My son was walking down the street and someone started shooting, and he was shot. Why does that have to happen? I feel like I have a hole in my heart. ‘
It is unclear if any of them had any connection to the fight, or if they were hit in the crossfire.
Melinda Davis, 57, slept roughly in the center of the state of California, and was one of those who died in the shooting on Sunday in downtown Sacramento
Joshua Hoye-Lucchesi, 32, and Johntaya ‘Jojo’ Alexander
Sergio Harris, left, and DeVazia Turner, right, are named as two of the six people killed during a mass shooting outside a bar in Sacramento in the early hours of Sunday
Dandrae was taken to the Sacramento County Jail Monday night.
Smiley was injured in the shooting and remains in the hospital under police supervision. He will sit in jail once he is treated in the hospital.
Dandrae’s criminal record includes prosecutions for corporal injury to a spouse.
He is also being held on an exceptional warrant from the Riverside County Sheriff’s Office, according to prison records obtained by DailyMail.com.
In a statement on Tuesday morning, Sacramento police said: ‘Smiley Martin was quickly identified as a person of interest and remained under the supervision of an officer in the hospital while his treatment continued.
‘Based on information developed during this investigation, Smiley Martin was arrested on April 5, 2022 by detectives from the Sacramento Police Department.
‘Once Smiley Martin’s medical care is completed and he is determined to be fit for jail, he will be booked into the Sacramento County Main Jail for possession of a firearm by a prohibited person and possession of a machine gun. ‘
The police are still asking for photos and videos of the public.
Since Sunday, officials say they have received more than 170 pieces of evidence.
In a statement on Monday, Schubert said she thinks more people will be arrested.
They emphasize the fact that no one is accused of murder or manslaughter.
‘The investigation is very complex, involving many witnesses, videos of various kinds and important physical evidence.
“This is an ongoing investigation and we expect more arrests in this case,” she said.
Sacramento shooting suspect, 27, and career criminal was denied early release from prison Source link Sacramento shooting suspect, 27, and career criminal was denied early release from prison