Sacramento shooting suspect, 27, and career criminal was denied early release from prison
REVEALED: Sacramento shooting suspect, 27, was out on parole after being released from prison SIX YEARS early: DA deemed him ‘significant threat’ but he was still released
One of the men who allegedly opened fire on a crowd in downtown Sacramento was released from prison in February – just four years into a 10-year sentenceProsecutors from the Sacramento District Attorney’s Office had asked California’s Department of Corrections parole board to deny Smiley Martin’s request for early releaseThey argued Martin, 27, ‘displayed a pattern of criminal behavior’ his entire adult life and would ‘continue to break the law’ if he were releasedBut the parole board granted Martin early release, citing pre-sentencing creditsMartin was arrested on Tuesday morning and is in hospital: he has a long criminal history and in April last year prosecutors sought to stop his release from prison, describing him as dangerous His brother Dandrae Martin, 26, was arrested on Monday and is due to appear in court in Sacramento on Tuesday on weapons charges Dandrae’s criminal record includes charges for domestic violence, aggravated assault, criminal damage and marijuana violations The pair are accused of opening fire in the early hours of Sunday in downtown Sacramento but they are not thought to be the only shooters A third man, Daviyonne Dawson, 31, was arrested on Monday night for carrying a gun in the area of the Sacramento shooting while being banned from carrying oneHe has not been charged with crimes related to the shooting and police at this point do not believe that his gun was used in the massacre None of the three have been charged with homicide, and Sacramento police have said that the investigation remains ongoing
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One of the men who opened fire on a crowd of people in Sacramento early Sunday morning, killing six, was a career criminal who was released from prison in February just four years into a 10-year sentence for felony gun and robbery convictions, reports said.
The decision, made by California’s Department of Corrections, was even made over the strenuous objections of the Sacramento County District Attorney’s Office, which submitted a letter saying that the man ‘displayed a pattern of criminal behavior’ and posed a ‘significant’ danger to the community.
Smiley Martin, 27, was arrested on Tuesday morning, and remains in a local hospital where he was recovering after being wounded in the shooting. He faces charges of possession of a machine gun and possession of a firearm by a prohibited person in relation to the incident.
In total, three men have been arrested in connection with the shooting – including Martin’s brother, Dandrae Martin, 26, who was taken into custody on Monday and appeared in court on Tuesday afternoon on weapons charges, where he did not enter a plea.
His criminal record includes charges for domestic violence, aggravated assault, criminal damage and marijuana violations.
Smiley and Dandrae are believed to be the two who fired the guns. Smiley posted a live Facebook video of himself brandishing a handgun hours before the shooting. Authorities are trying to determine whether the weapon seen 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 lengthy record dating back to 2013, who last year was described by prosecutors as a danger to the community – and someone who should not be freed.
He was serving a 10-year sentence for domestic violence and assault with great bodily injury, 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 for the state DOC to deny Smiley’s request for early release from prison ‘as he poses a significant, unreasonable risk of safety to the community.’
In the letter, Danielle Abildgaard, the deputy district attorney, states that Smiley has ‘displayed a pattern of criminal behavior’ his entire adult life as he has committed several felony violations.
The letter from the DA’s office says Smiley had prior felony convictions of robbery and possession of a firearm. He also had a prior misdemeanor conviction of providing false information to police.
‘Inmate Martin has demonstrated repeatedly that he cannot follow the laws, or conditions the court places on him,’ the letter states.
‘His history indicates that he will pursue his own personal agenda regardless of the consequences and regulatory restraints placed upon 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.
“Prior to reaching a CDCR facility, Martin had already received 508 days of pre-sentencing credits, and received a variety of additional post-sentencing credits,” the spokesperson wrote in an email. “He was released to Sacramento County probation in February 2022.”
Smiley Martin, two days before he was released to Sacramento County probation in February. He was released six years early from a 10-year sentence
Dandrae Martin, 26, is seen on Tuesday in court in Sacramento. He did not enter a plea
Dandrae is seen speaking to his attorney Linda Parisi. She said she needed more time to work on the case before entering a plea
Witness video showed rapid gunfire of at least 76 shots ringing out over the course of 54 seconds as people screamed and ran for cover
The shooting broke out at 2.01am in downtown Sacramento after a brawl broke out on 10th Street
Anne Marie Schubert, the Republican Sacramento district attorney, told The Washington Post on Tuesday that California’s laws regarding early release need reassessing.
She criticized new rules, passed by the state legislature in recent years, that allow eligible prisoners with nonviolent offenses a chance to be considered for early release.
‘We don’t call ‘felon in possession of a firearm’ a violent crime,’ Schubert said.
‘We don’t call people that commit domestic violence — even though they have a violent history — we let ’em out early, constantly.
‘And that is a dangerous recipe.’
Schubert, who is running for California attorney general, declined to discuss specifics of the investigation but issued a general call to reduce gun violence.
‘It doesn’t matter what side of any political aisle you stand on,’ she said. ‘Nobody wants guns, illegal guns in the hands of felons and prohibited persons.’
A third man was also arrested on gun charges.
Daviyonne Dawson, 31, was arrested on Monday for carrying a gun in the area while being banned from carrying one.
He has not been charged with crimes related to the shooting and police at this point do not 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 on Wednesday that a stolen gun was used in the shooting, and it had been converted to be used as an automatic weapon, which can fire like a machine gun.
DailyMail.com photos revealed how the destruction spanned two city blocks, with markers indicating that more than 250 shots were fired. Police have estimated that at least 100 rounds were fired.
On Sunday, shots rang out on the cross-section of 10th Street and K Street in Sacramento as bars and nightclubs let out.
Witnesses reported a mass brawl involving multiple men.
They told police they saw men shooting from vehicles and fleeing on foot with guns in their hands.
Six innocent people were killed; homeless woman 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 somebody started shooting, and he got shot. Why is that to happen? I feel like I’ve got a hole in my heart.’
It’s unclear if any of them had any connection to the fight, or if they were caught in the crossfire.
Melinda Davis, 57, was sleeping rough in the center of the Californian state capital, and was among those who died in Sunday’s shooting in downtown Sacramento
Joshua Hoye-Lucchesi, 32, and Johntaya ‘Jojo’ Alexander
Sergio Harris, left, and DeVazia Turner, right, have been named as two of the six people killed during a mass shooting outside a Sacramento bar in the early hours of Sunday
Dandrae was taken to the Sacramento County Jail on Monday night.
Smiley was injured in the shooting and remains in the hospital under police supervision. He will be booked into jail once he has been treated at hospital.
Dandrae’s criminal record includes charges for corporal injury on a spouse.
He is also being held on an outstanding warrant from the the Riverside County Sheriff’s Office, according to inmate 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 has remained under the supervision of an officer at the hospital while his treatment continues.
‘Based on information developed during this investigation, Smiley Martin was taken into custody by Sacramento Police Department detectives on April 5, 2022.
‘Once Smiley Martin’s medical care has been completed and he is determined to be fit for incarceration, he will be booked at the Sacramento County Main Jail for possession of a firearm by a prohibited person and possession of a machine gun.’
Police are still asking for photos and videos from the public.
Since Sunday, officers say they have received more than 170 pieces of evidence.
In a statement on Monday, Schubert said she believes more people will be taken into custody.
She emphasized the fact that no one has been charged with murder or manslaughter.
‘The investigation is highly complex involving many witnesses, videos of numerous types and significant physical evidence.
‘This is an ongoing investigation and we anticipate more arrests in this case,’ she said.
