Vacaville man killed in Sacramento shootout participated in incident, prosecutors say
A surveillance camera at a nightclub in Sacramento captures an image of Devazia Turner, 29, of Vacaville hours before the man was killed in a shootout last April. (Photo courtesy Sacramento County District Attorney’s Office)
A Vacaville resident who was one of six people killed during a gang shootout in Sacramento last month was a participant in the incident and not a mere bystander, prosecutors alleged this week.
The allegation was revealed in documents filed in Sacramento County Superior Court on Monday after prosecutors charged three men — Smiley Martin, Dandrae Martin and Mtula Payton — with three counts of murder each.
Of the six victims who died in the April 3 shooting, three were affiliated with gangs and two were alleged participants in the shooting, prosecutors said.
Those two alleged participants include 29-year-old Devazia Turner of Vacaville, who investigators believe was associated with Payton, the only person criminally charged who is still not in police custody.
Charging documents reviewed by Solano NewsNet allege Turner and Payton were validated members of a local street gang called G-Mobb. Both were convicted felons who were prohibited from possessing firearms.
Prosecutors said Turner and Payton were arrested last year after officers associated with a Sacramento-area gang task force discovered the men with guns. At the time of last month’s shooting, both men were released on bail while their criminal cases made their way through the court system.
Preliminary information compiled by police investigators indicated Turner was likely the first person shot during the April 3 incident. As he fled from the scene, he allegedly drew a gun and fired multiple rounds toward the Martin brothers.
One of the brothers, Smiley Martin, returned fire in the direction of Turner and another man, Sergio Harris, both of whom died from gunshot injuries sustained in the incident, according to a medical examiner’s report cited in the charging documents.
The murder charges announced on Tuesday all relate to the three female victims of the shootout, who prosecutors say were innocent bystanders. The Martin brothers and Payton have yet to be charged with the deaths of the three male victims, including Turner.
In a phone interview on Tuesday, Sacramento-based criminal defense attorney Keith Staten said prosecutors could still charge the Martin brothers, Payton and any other suspects with the murders of the three male victims, but were likely waiting for more information to develop.
“I don’t think [prosecutors] fully know who shot who,” Staten said. “It's far easier to say, hey, we've got three dead gang members, but we've got other members who were responsible, and we definitely have to deal with the three innocent individuals.”
Staten said charges could be brought for the deaths of the three men under a legal theory known as the “provocative act murder” doctrine, and prosecutors could move to amend their criminal complaint if they face pressure from the families of the other victims.
“You’ll probably hear the families coming out, saying, well, what about our family member?” Staten said. “The families are going to speak out a little bit…[but prosecutors] need to develop more information as to the behavior and conduct of each involved person.”
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