Preliminary hearing for Sacramento downtown mass shooting draws to close

Preliminary hearing for Sacramento downtown mass shooting draws to close

A 10-month preliminary hearing probing the worst mass shooting in Sacramento’s history wound down Tuesday as defense attorneys began sow doubt into testimony from the prosecution’s final witness.

The defense attorneys took aim at Sacramento police Lt. Zach Eaton, the prosecution’s gang expert, who testified in September that two rival gangs collided at 10th and K streets in downtown Sacramento on April 3, 2022. Six people died and another 12 people were injured in the shooting.

The Sacramento County District Attorney’s Office charged brothers Smiley and Deandrae Martin and Payton each with three counts of murder for the shooting deaths of innocent bystanders Yamile Martinez, 21; Alexander, 21; and Melinda Davis, 57.

Prosecutors have not charged the defendants with the deaths of Joshua Hoye-Lucchessi, 32; Sergio Harris, 38; and Devazia Tuner, 29, because they say all three were involved in the gunfight.

Smiley Martin charges were formally dropped after he died June 8 of a methadone overdose in downtown Sacramento County Main Jail.

Payton, a member of the G-MOBB gang in a subset called Guttah, faced off with a group that included the Martin brothers, members of the rival gang 29th Street Crips, Eaton testified previously.

It was Smiley Martin, 29, who uploaded several videos just hours before the shooting that sparked a “challenge” to rival gangs, Eaton had testified.

Smiley Martin filmed himself and several others in 2500 block of Traction Avenue in Old North Sacramento waving handguns and talking.

Notably, Eaton testified, Smiley Martin said he was in the territory of a rival gang as a Garden Blocc Crip, a larger group that also contains the 29th Street Crips.

The Old North Sacramento area is synonymous with the Del Paso Heights Blood gangs, Eaton said, and enemies to Smiley Martin. Videos posted by Martin showed his car and gun — which Eaton said were provocations to rival gang members to confront him if they have a problem.

But Eaton said Tuesday during cross examination that he was not aware of the personal relationship between Smiley Martin and Mtula Payton and didn’t know if they talked before the shooting, according to testimony elicited from defense attorney Reid Kingsbury, who represents Payton.

Eaton also testified he didn’t know if Payton had clicked on the videos uploaded by Smiley Martin that allegedly provoked the shooting.

It’s possible for a gang member to carry a gun that’s not related to confronting opposing gang members, Reid elicited through testimony.

Eaton testified a gang member could carry a gun as a deterrent or to defend themselves.

Testimony is scheduled to continue Tuesday afternoon.

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