+ STATE OF CALIFORNIA FELowy COUNTY OF SACRAMENTO. + : ARREST WARRANT : : SACRAMENTO SUPERIOR AND MUNICIPAL, COURT : RID/WARRANT 9203430479 Docker SEC Pe erenrson THE PEOPLE OF THE STATE OP CALIFORNIA V. DEFENDANT ANE DOB SEX RACE HOT WoT HA EY MARTIN DANDRAE 06/07/1995 mB Sein 175 BUK BRO RESIDENCE ADDRESS cre ot se M06 WELL 1050 PHORNTX nz 05023 BUSINESS ADDRESS cre at 2IP PERSONAL NUMBERS oun oLs « crt FBI XREF 0850403 CA — A31148535 —@25245HD4 4562571 OTHER PERSONAL DESCRIPTION VEHICLE INFORMATION LIC NO ST YEAR = MAKE=— MODEL = STYLE COLOR —COLOR. VIOLATION INFORMATION DATE 04/03/22 LOCATION SACRAMENTO COUNTY CODE SECTION DESCRIPTION counr PC 187(A) MURDER 03 PC 29800(A) (1 POSSESSION OF FIREARM BY A FELON o1 THE PEOPLE OF THE STATE OF CALIFORNIA. TO ANY PEACE OFFICER OF THIS STATE: A VERIFIED COMPLAINT WAS MADE BEFORE ME ON THIS DATE THAT THE OFFENSE SET FORTH ABOVE WAS CONMITTED, AND ACCUSING THE DEFENDANT, NAMED AND DESCRIBED ABOVE. YOU ARE ORDERED TO ARREST THE DEFENDANT FORTHWITH AND BRING HIM BBFORE ME, OR IN THE CASE OF MY ABSENCE OR INABILITY TO ACT, BEFORE THE NEAREST OR MOST ACCESSIBLE MAGISTRATE IN THIS COUNTY. BATL INFORMATION NO BAIL, Prerrerresereserecy () DEFENDANT TO BE ADMITTED IN THE AMOUNT OF + * TO BAIL saneaeeeeeeserenen BAIL MAY BE FORFEITED MANDATORY APPEARANCE REQUIRED DEFENDANT MAY BE RELEASED ON SIGNED PROMISE TO APPEAR MANDATORY RELEASE ON OWN RECOGNIZANCE, RESPONSIBLE LEA CA0340400 SACRAMENTO POLICE, DEPARTMENT COMPLAINANT LEA CA0340400 ISSUING INFORMATION SIGNATURE OF MAGISTRATE gopce _ MN JUDGES REMARKS* STATE OF CALIFORNIA FELONY COUNTY OF SACRAMENTO + * ARREST WARRANT . * SACRAMENTO SUPERIOR AND MUNICIPAL COURT * RID/WARRANT SA03438480 pocKep 22D ertati0n THE PEOPLE OF THE STATE OF CALIFORNIA V. DEFENDANT NAME DOR SEX RACE HGT WGT HA EY MARTIN SMILEY ALLEN 07/09/1994 MB 6-01 160 BLK BRO RESIDENCE ADDRESS crry sv zp 5939 SUTTER AV 22 CARMICHAEL, cA 95608 BUSINESS ADDRESS crry ST ZIP PERSONAL NUMBERS oN ous * cir Far REF F4780961 CA 31148742 @25709HD5 4546222 OTHER PERSONAL DESCRIPTION VEHICLE INFORMATION BIC NO ST YEAR» MAKE-=— MODEL. «STYLE COLOR-—COLOR, VIOLATION INFORMATION DATE 04/03/22 LOCATION SACRAMENTO COUNTY CODE SECTION DESCRIPTION counr PC 187(A) MURDER 03 PC 29800(A) (1 POSSESSION OF FIREARM BY A FELON on PC 32625(A) POSSESSION OF A MACHINEGUN on PC W/PRIOR WITH A PRIOR OFFENSE 01 ‘THE PEOPLE OF THE STATE OF CALIFORNIA. TO ANY PEACE OFFICER OF THIS STATE: A VERIFIED COMPLAINT WAS MADE BEFORE ME ON THIS DATE THAT THE OFPENSE SET FORTH ABOVE WAS COMMITTED, AND ACCUSING THE DEFENDANT, NAMED AND DESCRIBED ABOVE. YOU ARE ORDERED TO ARREST THE DEFENDANT FORTHWITH AND BRING HIM BEFORE ME, OR IN THE CASE OF MY ABSENCE OR INABILITY TO ACT, BEFORE THE NEAREST OR MOST ACCESSIBLE MAGISTRATE IN THIS COUNTY. BAIL INFORMATION NO BAIL Prerereerreresttess () DEFENDANT TO BE ADMITTED IN THE AMOUNT OF + * TO BAIL perreererrrrrrrtees () BALE WAY BE FoRPErTED () MANDATORY APPEARANCE REQUIRED fogs (.) DEFENDANT MAY BE RELEASED ON SIGNED PROMISE TO APPEAR eo () MANDATORY RELEASE ON OM RECOGHTZANCE RESPONSIBLE LEA CA0340400 SACRAMENTO POLICE DEP: COMPLAINANT LEA CA0340400 SACRAMENTO POf}CE Dx6, ISSUING INFORMATION SIGNATURE OF MAGISTRATE JUDGE JUDGES REMARKS* STATE OF CALIFORNIA FELONY COUNTY OF SACRAMENTO + * ARREST WARRANT * + SACRAMENTO SUPERIOR AND MUNICIPAL COURT * RID/WARRANT SADDAIB401 vocker 2S 2Serarion THE PEOPLE OF THE STATE OF CALIFORNIA V. DEFENDANT NAME DOB SEX RACE HGT WGT HA RY PAYTON MTULA TASHAMBY 05/20/1994 MB 5-06 145 BLK BRO RESIDENCE ADDRESS crry ST ZIP 40 TILLMAN cR SACRAMENTO ca 95823 BUSINESS ADDRESS crry ST ZIP PERSONAL NUMBERS oun ous cr FBr XREF 5224897 CA 27998071 224440PC7 4298352 OTHER PERSONAL DESCRIPTION VEHICLE INFORMATION BIC NO ST YEAR «MAKE = MODEL «STYLE. COLOR. COLOR. VIOLATION INFORMATION DATE 04/03/22 LOCATION SACRAMENTO COUNTY CODE SECTION DESCRIPTION counr Pc 187(A) MURDER 03, PC 29800(A) (1 POSSESSION OF FIREARM BY A FELON on PC W/PRIOR WITH A PRIOR OFFENSE. 01 THE PEOPLE OF THE STATE OF CALIFORNIA. TO ANY PEACE OFFICER OF THIS STATE: A VERIFIED COMPLAINT WAS MADE BEFORE ME ON THIS DATE THAT THE OFFENSE SET FORTH ABOVE WAS COMMITTED, AND ACCUSING THE DEFENDANT, NAMED AND DESCRIBED ABOVE. YOU ARE ORDERED TO ARREST THE DEFENDANT FORTHWITH AND BRING HIM BEFORE ME, OR IN THE CASE OF MY ABSENCE OR INABILITY TO ACT, BEFORE THE NEAREST OR MOST ACCESSIBLE MAGISTRATE IN THIS COUNTY ATL INFORMATION NO BAIL seteeeeeeneeeneeen () DEFENDANT TO BE ADMITTED IN THE AMOUNT OF + . TO BAIL seteveseneneeneens BAIL MAY BE FORFEITED MANDATORY APPEARANCE REQUIRED DEFENDANT MAY BE RELEASED ON SIGNED PROMISE TO APPEAR MANDATORY RELEASE ON OWN RECOGNIZANCE: =~ RESPONSIBLE 1A cA0240400 sxc pores maHE COMPLAINANT LEA CA0340400 SRCRAMENTO POLI Erase ISSUING INFORMATION Cee SIGNATURE OF rarer A Bsvz vareS -J- 22 JUDGES REMARKSoS w ANNE MARIE SCHUBERT SPD-22-93203 DISTRICT ATTORNEY S. TRIPLETT, DDA 901 G STREET TEAM: (HOMI) SACRAMENTO, CA 95814 (916) 874-6218 XRef: 4562571 XRef: 4546222 XRef: 4298352 2 STRIKES (PAYTON) 2. STRIKES (MARTIN) SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO 3eB 22erSa2 THE PEOPLE OF THE STATE OF CALIFORNIA, [FELON COMPLAINT vs, DANDRAE MARTIN, SMILEY ALLEN MARTIN, MTULA TASHAMBY PAYTON, Defendants. The People of the State of California upon oath of the undersigned, upon information and belief complain against the defendants above named for the erime(s) as follows: COUNT ONE On or about April 3, 2022, at and in the County of Sacramento, State of California, the defendants, DANDRAE MARTIN, SMILEY ALLEN MARTIN, and MTULA TASHAMBY PAYTON, did commit a felony, namely: a violation of Section 187(a) of the Penal Code of the State of California, in that said defendants did unlawfully, and with malice aforethought murder JOHNTAYA ALEXANDER, a human being. "NOTICE: The above offense is a serious and violent felony within the meaning of Penal Code Sections 1192.7(c)(1) and 667.5(€)\(1)." 1 NCC 1244413ON OMAWNO 10 1 12 13 14 15 16 7 18 19 20 24 22 23 24 25 26 2 28 29 30 31 32 33 34 35 36 37 38 39 40 a4 tis further alleged that, pursuant to subdivisions (b), (¢) and (d) of Penal Code Section 1202.53, and in the commission and attempted commission of the above offense(s), the defendant, DANDRAE MARTIN, used, and intentionally and personally discharged a firearm, to wit, a nine-millimeter (9 mm) caliber handgun, and thereby proximately caused great bodily injury or death to JOHNTAYA ALEXANDER, who was not an accomplice of the defendant, within the meaning of Penal Code Section 12022.53(d). Its further alleged that, pursuant to subdivisions (b), (c) and (4) of Penal Code Section 12022.53, and in the commission and attempted commission of the above offense(s), the defendant, SMILEY ALLEN MARTIN, used, and intentionally and personally discharged a firearm, to wit, a nine-millimeter (9 mm) caliber full-automatic handgun, and thereby proximately caused great bodily injury or death to JOHNTAYA ALEXANDER, who was not an accomplice of the defendant, within the meaning of Penal Code Section 12022.53(4). It is further alleged that, pursuant to subdivisions (b), (c) and (4) of Penal Code Section 1202.53, and in the commission and attempted commission of the above offense(s), the defendant, MTULA TASHAMBY PAYTON, used, and intentionally and personally discharged a firearm, to wit, a nine-millimeter (9 mm) caliber handgun, and thereby proximately caused great bodily injury or death to JOHNTAYA ALEXANDER, who was not an accomplice of the defendant, within the meaning of Penal Code Section 12022.53(d). COUNT TWO For a further and separate cause of action, being a different offense of the same class of crimes and offenses and connected in its commission with the charges set forth in Count One hereof: On or about April 3, 2022, at and in the County of Sacramento, State of California, the defendants, DANDRAE MARTIN, SMILEY ALLEN MARTIN, and MTULA TASHAMBY PAYTON, did commit a felony, namely: a violation of Section 187(a) of the Penal Code of the State of California, in that said defendants did unlawfully, and with malice aforethought murder MELINDA DAVIS, a human being. "NOTICE: The above offense is a serious and violent felony within the meaning of Penal Code Sections 1192.7(c)(1) and 667.5(¢)(1)." 2 ONE AC 1244413ON OMRYNO 10 1 12 13 14 15 16 17 18 19 20 2 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 a Itis further alleged that, pursuant to subdivisions (b), (c) and (d) of Penal Code Section 12022.53, and in the commission and attempted commission of the above offense(s), the defendant, DANDRAE MARTIN, used, and intentionally and personally discharged a firearm, to wit, a nine-millimeter (9 mm) caliber handgun, and thereby proximately caused great bodily injury or death to MELINDA DAVIS, who was not an accomplice of the defendant, within the meaning of Penal Code Section 12022.53(d).. Itis further alleged that, pursuant to subdivisions (b), (c) and (d) of Penal Code Section 1202.53, and in the commission and attempted commission of the above offense(s), the defendant, SMILEY ALLEN MARTIN, used, and intentionally and personally discharged a firearm, to wit, a nine-millimeter (9 mm) caliber full-automatic handgun, and thereby proximately caused great bodily injury or death to MELINDA DAVIS, who was not an accomplice of the defendant, within the meaning of Penal Code Section 12022.53(d). Iti further alleged that, pursuant to subdivisions (b), (c) and (d) of Penal Code Section 1202.53, and in the commission and attempted commission of the above offense(s), the defendant, MTULA TASHAMBY PAYTON, used, and intentionally and personally discharged a firearm, to wit, a nine-millimeter (9 mm) caliber handgun, and thereby proximately caused great bodily injury or death to MELINDA DAVIS, who was not an accomplice of the defendant, within the meaning of Penal Code Section 12022.53(d). COUNT THREE For a further and separate cause of action, being a different offense of the same class of crimes and offenses and connected in its commission with the charges set forth in Counts One and Two hereof: On or about April 3, 2022, at and in the County of Sacramento, State of California, the defendants, DANDRAE MARTIN, SMILEY ALLEN MARTIN, and MTULA TASHAMBY PAYTON, did commit a felony, namely: a violation of Section 187(a) of the Penal Code of the State of California, in that said defendants did unlawfully, and with malice aforethought murder YAMILE MARTINEZ, a human being, "NOTICE: The above offense is a serious and violent felony within the meaning of Penal Code Sections 1192.7(c)(1) and 667.5(¢)(1)." 3 OM 1244413eI SHAWNA "1 12 13 14 15 16 17 18 19 20 2 22 23 24 25 26 27 28 29 30 KT 32 33 34 35 36 37 38 39 a1 Itis further alleged that, pursuant to subdivisions (b), (c) and (d) of Penal Code Section 1202.53, and in the commission and attempted commission of the above offense(s), the defendant, DANDRAE MARTIN, used, and intentionally and personally discharged a firearm, to wit, a nine-millimeter (9 mm) caliber handgun, and thereby proximately caused great bodily injury or death to YAMILE MARTINEZ, who was not an accomplice of the defendant, within the meaning of Penal Code Section 12022.53(d). Itis further alleged that, pursuant to subdivisions (b), (¢) and (d) of Penal Code Section 1202.53, and in the commission and attempted commission of the above offense(s), the defendant, SMILEY ALLEN MARTIN, used, and intentionally and personally discharged a firearm, to wit, a nine-millimeter (9 mm) caliber full-automatic handgun, and thereby proximately caused great bodily injury or death to YAMILE MARTINEZ, who was not an accomplice of the defendant, within the meaning of Penal Code Section 12022.53(d). Its further alleged that, pursuant to subdivisions (b), (c) and (4) of Penal Code Section 1202.53, and in the commission and attempted commission of the above offense(s), the defendant, MTULA TASHAMBY PAYTON, used, and intentionally and personally discharged a firearm, to wit, a nine-millimeter (9 mm) caliber handgun, and thereby proximately caused great bodily injury or death to YAMILE MARTINEZ, who was not an accomplice of the defendant, within the meaning of Penal Code Section 12022.53(d). SPECIAL CIRCUMSTANCE 1 Itis further alleged that the offenses charged in Counts One through Three are a special circumstance, in that the defendants, DANDRAE MARTIN, SMILEY ALLEN MARTIN, and MTULA TASHAMBY PAYTON, committed multiple murders, within the meaning of Penal Code Section 190.2(a)(3). 4 TL 1244413CONVO HAON A 10 12 13 14 15 16 17 18 19 20 2 22 23 24 25 26 27 28 29 30 3 32 33 34 35 36 37 38 39 40 a COUNT FOUR For a further and separate cause of action, being a different offense from but connected in its commission as the charges set forth in Counts One through Three hereof: On or about April 3, 2022, at and in the County of Sacramento, State of California, the defendant, DANDRAE MARTIN, did commit a felony, namely: a violation of Section 29800(a)(1) of the Penal Code of the State of California, in that said defendant did willfully and unlawfully own, possess and have custody and control of a firearm, to wit, a nine-millimeter (9 mm) caliber handgun, the said defendant having therefore been duly and legally convicted of a felony, to wit, the crime(s) of: (i) Domestic Violence Aggravated Assault by Impeding Breathing or Circulation, in violation of Title 13, Arizona Revised Statutes, Section 1204B, on or about January 25, 2017, by and before the Superior Court of the State of Arizona for the County of Maricopa (Docket No. CR2016-133974-001). A 1244413ON OMRYN 11 12 13 14 15 16 7 18 19 20 2 22 23 24 25 26 27 28 29 30 Ka 32 33 34 35 36 37 38 39 40 at COUNT FIVE For a further and separate cause of action, being a different offense from but connected in its ‘commission as the charges set forth in Counts One through Four hereof: On or about April 3, 2022, at and in the County of Sacramento, State of California, the defendant, SMILEY ALLEN MARTIN, did commit a felony, namely: a violation of Section 29800(a)(1) of the Penal Code of the State of California, in that said defendant did willfully and unlawfully ‘own, possess and have custody and control of a firearm, to wit, a nine-millimeter (9 mm) caliber full-automatic handgun, the said defendant having therefore been duly and legally convicted of a felony, to wit, the crime(s) of: i Prohibited Person in Possession of a Firearm, in violation of Section 29815 of the Penal Code, on or about January 24, 2013, by and before the Superior Court of the State of California for the County of Sacramento (Docket No. 13F00468); (ii) Robbery, in violation of Section 211 of the Penal Code, on or about May 9, 2014, by and before the Superior Court of the State of California for the County of Sacramento (Docket No. 13F07981); (iii) Domestic Violence, in violation of Section 273.5(a) of the Penal Code, on or about January 12, 2018, by and before the Superior Court of the State of California for the County of Sacramento (Docket No. 17FE008296); (iv) Assault by Force Likely to Cause Great Bodily Injury, in violation of Section 245(a)(4) of the Penal Code, on or about January 12, 2018, by and before the Superior Court of the State of California for the County of Sacramento (Docket No. 17FE008296).. COUNT SIX For a further and separate cause of action, being a different offense from but connected in its commission as the charges set forth in Counts One through Five hereof: On or about April 3, 2022, at and in the County of Sacramento, State of California, the defendant, SMILEY ALLEN MARTIN, did commit a felony, namely: a violation of Section 32625(a) of the Penal Code of the State of California, in that said defendant did willfully and unlawfully possess and knowingly transport a machine gun, to wit, a nine-millimeter (9 mm) caliber full-automatic handgun, 6 ‘AN 1244413ONIX OHrawone 1 12 13 14 15 16 17 18 19 20 241 22 23 24 25 26 27 28 29 30 Ka) 32 33 34 35 36 37 38 39 40 a COUNT SEVEN Fora further and separate cause of action, being a different offense from but connected in its commission as the charges set forth in Counts One through Six hereof: On or about April 3, 2022, at and in the County of Sacramento, State of California, the defendant, MTULA TASHAMBY PAYTON, did commit a felony, namely: a violation of Section 29800(a)(1) of the Penal Code of the State of California, in that said defendant did willfully and unlawfully own, possess and have custody and control of a firearm, to wit, a nine-millimeter (9 mm) caliber handgun, the said defendant having therefore been duly and legally convicted of a felony, to wit, the crime(s) of: ( Prohibited Person in Possession of a Firearm, in violation of Section 29815 of the Penal Code, on or about November 13, 2014, by and before the Superior Court of the State of California for the County of Sacramento (Docket No. 14F07359); (ii) Felon in Possession of a Firearm, in violation of Section 29800(a)(1) of the Penal Code, on or about April 9, 2015, by and before the Superior Court of the State of California for the County of Sacramento (Docket No. 15F01747); (iii) Assault with a Deadly Weapon, in violation of Section 245(a)(1) of the Penal Code, on or about August 24, 2017, by and before the Superior Court of the State of California for the County of Sacramento (Docket No. 17FE012768); (iv) Felon in Possession of a Firearm, in violation of Section 29800(a)(1) of the Penal Code, on or about January 6, 2020, by and before the Superior Court of the State of California for the County of Sacramento (Docket No. 19FE015788).. OUT-ON-BAIL ALLEGATION (P.C. § 1202.1) It is further alleged, as to Counts One through Three and Count Seven, that the defendant, MTULA TASHAMBY PAYTON, committed the above stated felony offense(s), while released from custody on a primary offense and prior to judgment on that primary offense becoming final, Case Number 21FE013201, within the meaning of Penal Code Section 12022.1ONY OnORON a "1 12 413 14 45 16 17 18 19 20 2 22 23 24 25 26 27 28 29 30 3 32 33 35 36 37 38 39 40 a oS ow PRIOR CONVICTION (CASE NO. 13F07981) 1. Itis further alleged that the said defendant, SMILEY ALLEN MARTIN, was on May 9, 2014, in the Superior Court of the State of California, for the County of Sacramento, convicted of the crime of Robbery in violation of Section 211 of the Penal Code, a serious felony, within the meaning of Section 667(a) of the Penal Code. Itis further alleged that because the defendant, SMILEY ALLEN MARTIN, has suffered the above listed conviction, within the meaning of Section 1192.7(c) of the Penal Code, and by that reason thereof, that he comes within the provisions of Section 667(b)-(i) and Section 1170.12 of the Penal Code. PRIOR CONVICTION (CASE NO. 17FE012768) 2. It is further alleged that the said defendant, MTULA TASHAMBY PAYTON, was on August 24, 2017, in the Superior Court of the State of California, for the County of Sacramento, convicted of the crime of Assault with a Deadly Weapon in violation of Section 245(a)(1) of the Penal Code, a serious felony, within the meaning of Section 667(a) of the Penal Code. Itis further alleged that because the defendant, MTULA TASHAMBY PAYTON, has suffered the above listed conviction, within the meaning of Section 1192.7(¢) of the Penal Code, and by that reason thereof, that he comes within the provisions of Section 667(b)-(i) and Section 1170.12 of the Penal Code. PENAL CODE § 1170(h)(3) INELIGIBLE It is further alleged that, pursuant to Penal Code Section 1170(h)(3), the defendants, DANDRAE MARTIN, SMILEY ALLEN MARTIN, and MTULA TASHAMBY PAYTON, are not eligible to be sentenced to a term of imprisonment in the county jail on an executed sentence due to a prior or current serious (Penal Code Section 1192.7(c)) or violent (667.5(c)) felony conviction, or because they are required to register as a sex offender. 8 ME 1244413OPNOMAWNOH RPYYPYRNN Beene nnnnn SSSSNSESESSSEENBRRRENSSStaareetae eo eo That attached hereto and by this reference incorporated herein is a declaration setting forth facts in support of probable cause for the issuance of a warrant of arrest herein. {declare upon information and belief and under penalty of perjury that the foregoing is true and correct. Executed at Sacramento County, California, the 3rd day of May, 2022. SCOTT TRIPLETT SACRAMENTO COUNTY DISTRICT ATTORNEY (916) 874-6218 Telephone Number Ms 9 OT 0 1244413HOLDING ORDER _____ It appearing to me that the offense(s) in the within complaint has/have been committed, and that there is sufficient cause to believe that the defendant, DANDRAE MARTIN, is guilty thereof, ____ The defendant, DANDRAE MARTIN, having waived preliminary hearing to the offense(s) set forth in this complaint, Exceptions/Additions/Conditions: order that the defendant be held to answer to same. In my capacity as Judge of the Superior Court, I deem the within complaint to be an Information and order it filed in the Superior Court. Date: Dept: Judge of the Superior Court Sitting as Magistrate 10eNO HRON= 1 12 13 14 415 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3 32 33 34 35 36 37 38 39 a HOLDING ORDER _____Itappearing to me that the offense(s) in the within complaint has/have been committed, and that there is sufficient cause to believe that the defendant, SMILEY ALLEN MARTIN, is guilty thereof, _____ The defendant, SMILEY ALLEN MARTIN, having waived preliminary hearing to the offense(s) set forth in this complaint, Exceptions/Additions/Conditions: Torder that the defendant be held to answer to same. In my capacity as Judge of the Superior Court, I deem the within complaint to be an Information and order it filed in the Superior Court. Date: Dept: Judge of the Superior Court Sitting as Magistrate “1 OI 1244413OV annene 1 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 a HOLDING ORDER It appearing to me that the offense(s) in the within complaint has/have been committed, and that there is sufficient cause to believe that the defendant, MTULA TASHAMBY PAYTON, is guilty thereof, The defendant, MTULA TASHAMBY PAYTON, having waived preliminary hearing to the offense(s) set forth in this complaint, Exceptions/Additions/Conditions: order that the defendant be held to answer to same. In my capacity as Judge of the Superior Court, I deem the within complaint to be an Information and order it filed in the Superior Court. Date: Dept: Judge of the Superior Court Sitting as Magistrate 12© So DECLARATION IN SUPPORT OF ARREST WARRANT (Made under 2015.5 CCP) ‘The undersigned hereby declares: ‘That your declarant is currently employed as a Deputy District Attorney for the County of ‘Sacramento, State of California. That pursuant to said employment, your declarant has been assigned to investigate allegations that the defendants, DANDRAE MARTIN, SMILEY ALLEN MARTIN, and MTULA TASHAMBY PAYTON, did commit the crime(s) as set forth in the attached complaint. ‘That pursuant to said assignment, your declarant has contacted person(s) having, knowledge of said offense(s) and who has/have prepared written reports and/or statements, and/or has received and read written reports and/or statements prepared by others known by your declarant to be law enforcement officers, all of which reports and/or statements are included in a report consisting of 47 page(s), which is attached hereto as Exhibit I and incorporated by references as though fully set forth. That each of these documents is presently an official record of a law enforcement agency. WHEREFORE, your declarant prays that a warrant issue for the arrest of the hereinabove-named defendants and that said defendants be dealt with according to law. I declare under penalty of perjury that the foregoing is true and correct. Executed on the 3rd day of May, 2022, Sacramento, California. ee SE SCOTT TRIPLET Declarant 901 G Street, Sacramento, California 95814 Sacramento County District Attorney 13 (AE 1244413So So ‘SACRAMENTO POLICE DEPARTMENT Case No. 22-93203 PROBABLE CAUSE FOR ARREST On April 3, 2022, at 2:01 a.m., Sacramento Police Department (SPD) officers working directed patrol in the area of 10th Street and K Street in downtown Sacramento advised dispatch they heard the sounds of gunshots and observed people running from the area. Officers responded to the area and located five deceased individuals at the northeast corner of the intersection of 10th Street and K Street in front of 1001 K Street. Officers located the following individuals deceased at the northeast corner of 10th Street and K Street: (1) JOSHUA Hove? (2) DEVAZIA TURNER? (3) SERGIO HARRIS? (4) Yamile Martinez * (5) Johntaya Alexander 5 A sixth individual, Melinda Davis © was located deceased in the northeast corner of the intersection of 10th Street and J Street. SPD officers and Sacramento Fire Department (SFD) personnel responded to the area and located additional individuals with gunshot wounds related to the shooting. Among the eight people that were transported to area hospitals by SFD were DANDRAE MARTIN’ and SMILEY ALLEN MARTIN. Four additional individuals transported themselves to area hospitals seeking treatment for gunshot wounds, having been struck while being at or near the northeast corner of the intersection of 10th Street and K Street during the time of the shooting. The primary scene was located in the northeast corner of the intersection of 10th Street and K Street, in front of the Sharif Jewelers store, located at 1001 K Street. Investigators located approximately 51 spent nine-millimeter (9 mm) caliber shell casings near the apex of where the east 10th Street sidewalk Curves east turning into the north K Street sidewalk. An additional 18 spent 9 mm caliber shell casings were located along the east 10th Street sidewalk heading north toward J Street. “JOSHUA HOYE has a known date of birth and Sacramento County XREF number not listed here. 2 DEVAZIA TURNER has a known date of birth and Sacramento County XREF number not listed here. * SERGIO HARRIS has a known date of birth and Sacramento County XREF number not listed here *Yamile Martinez has a known date of birth and identifiers not listed here, * Johntaya Alexander has a known date of birth and identifiers not listed here. Melinda Davis has a known date of birth and identifiers not listed here. * DANDRAE MARTIN has a known date of birth and Sacramento County XREF number filed under seal pursuant to Ca, Rules (of Court, Rule 2.507 [C.R.C. Rule 2.507] and All of Us or None Riverside Chapter v. Hamrick [All of Us or None] (2021) 64 Cal.App.Sth 751, see Attachment A. * SMILEY MARTIN has a known date of birth and Sacramento County XREF number filed under seal pursuant to CRC. Rule 2.507 and All of Us or None, supra, 64 Cal.App.Sth 751, see Attachment A.So A) Yamile Martinez and JOSHUA HOYE were located approximately 25 feet to the east of the corner, on. the north sidewalk of K Street. SERGIO HARRIS and Johntaya Alexander were located approximately 45 feet to the north of the northeast corner. DEVAZIA TURNER was located approximately 100 feet north of the northeast corner of 10th Street and K Street. Melinda Davis was located in the northeast corner of the intersection of 10th Street and J Street in what appeared to be a makeshift camp. This was approximately 435 feet north of the primary shooting scene, Officers located approximately 20 spent 5.7 millimeter (mm) shell casings and 25 additional spent 9 mm caliber casings on the west side of 10th Street near the intersection of Kayak Alley. This location is approximately 240 feet south of the primary shooting scene. During the investigation, detectives were able to positively identify the six decedents, as well as DANDRAE MARTIN and SMILEY MARTIN in various records systems. Records checks by investigators showed that DANDRAE MARTIN, SMILEY MARTIN, JOSHUA HOYE, SERGIO HARRIS, DEVAZIA TURNER, and MTULA TASHAMBY PAYTON ° were all convicted felons prohibited from possessing firearms or ammunition,*? as well as known and/or validated gang members, as follo\ * JOSHUA HOYE had been previously validated as a member of the 29th Street Crips, a subset of the Garden Blocc Crips, by the Sacramento County Sheriff's Office (SSO) in May 2013 and February 2010, and had been convicted of the following felony offense(s): © February 22, 2010: Health and Safety Code Section 11351.5 (possession of cocaine base for sale) (Sacramento County Docket No. 1000859) © December 3, 2015: Penal Code Section 29800(a)(1) (felon in possession of a firearm) (Sacramento County Docket No. 15F03869) © March 29, 2016: Penal Code Section 245(a)(4) (assault by force likely to cause great bodily injury) (Santa Clara County Docket No. C1495291) © DANDRAE MARTIN was determined to be a member of the Garden Blocc Crips based on social media posts, his association with other Garden Blocc Crips gang members, and his involvement in gang-related crimes/conduct, and had been convicted of the following felony offense(s): © January 25, 2017: Title 13, Arizona Revised Statutes, Section 12046 (domestic violence aggravated assault by impeding breathing or circulation) * MTULA PAYTON has a known date of birth and Sacramento County XREF number filed under seal pursuant to C.R.C. Rule 2,507 and All of Us or None, supra, 64 Cal App.Sth 751, see Attachment A, © The complete criminal histories of DANDRAE MARTIN, SMILEY MARTIN, and MTULA PAYTON, as maintained in the California Law Enforcement Telecommunications System (CLETS) and the National Crime Information Center (NCIC), ‘commonly known as a “rap sheet,” are filed under seal pursuant to C.R.C. Rule 2.507 and All of Us or None, supra, 64 Cal.App.Sth 751, see Attachment 8.oe eo «SMILEY MARTIN had been previously validated as a member of the 29th Street Crips, a subset of the Garden Blocc Crips, by $SO as early as May of 2013, and had been convicted of the following felony offense(s): ° January 24, 2013: Penal Code Section 29815 (prohibited person in possession of a firearm in violation of probation) (Sacramento County Docket No. 13F00468) May 9, 2014: Penal Code Section 211 (robbery) (Sacramento County Docket No. 13F07981), a violent felony and serious felony, as defined by Penal Code Sections 667.5(c)(9) and 1192.7(c)(19), respectively January 12, 2018: Penal Code Sections 273.5(a) (domestic violence) and 245(a)(4) (assault by force likely to cause great bodily injury) (Sacramento County Docket No. 17FE008296) ‘¢ SERGIO HARRIS had been previously validated as a member of the Del Paso Heights Bloods by $50 in July 2015, and had been convicted of the following felony offense(s): ° September 13, 2005: Penal Code Section 12021(e) (prohibited person in possession of a firearm) (Sacramento County Docket No. 05F07605) August 24, 2006: Vehicle Code Section 10851(a) (vehicle theft) (Sacramento County Docket No. 0607329) August 27, 2007: Health and Safety Code Section 1351.5 (possession of cocaine base for sale) (San Joaquin County Docket No. SF103086A) July 30, 2010: Health and Safety Code Section 11378 (possession of controlled substance for sale) (Sacramento County Docket No. 10F03917) November 8, 2011: Health and Safety Code Section 11378 (possession of controlled substance for sale) (Sacramento County Docket No. 11F07314) May 26, 2017: Vehicle Code Section 2800.2(a) (reckless evasion of a peace officer) (Fresno County Docket No. F14901389) April 4, 2018: Vehicle Code Section 2800.2(a) (reckless evasion of a peace officer (Sacramento County Docket No. 18FE005432) November 26, 2019: Health and Safety Code Section 11378 (possession of a controlled substance for sale) (two counts) (Sacramento County Docket No. 19FE018120)oS So * MTULA PAYTON had been previously validated as a member of the Garden Bloce Crips by sso in June 2011, was later validated as a member of the Starz subset of G-Mobb in March of 2015 (based on self-admission and G-Mobb related tattoos), and had been convicted of the following felony offense(s): © November 13, 2014: Penal Code Section 29815 (prohibited person in possession of a firearm in violation of probation) (Sacramento County Docket No. 14F07359) © April 9, 2015: Penal Code Section 29800(a)(1) (felon in posse: (Sacramento County Docket No. 15F01747) ofa firearm) © August 24, 2017: Penal Code Section 245(a)(1) (assault with a deadly weapon) (Sacramento County Docket No. 17FE012768), a serious felony as defined by Penal Code Section 1192.7(c)(31) © January 6, 2020: Penal Code Section 29800(a)(1) (felon in possession ofa firearm) {Sacramento County Docket No. 19FE015788) * DEVAZIA TURNER had been previously validated as a member of the Starz subset of G-Mobb by SPO in August of 2021, and had been convicted of the following felony offense(3): © April 22, 2013: Penal Code Section 459 (first degree residential burglary) (Sacramento County Docket No. 12F02787), a serious felony as defined by Penal Code Section 1192.7(c)(18) © March 17, 2020: Penal Code Section 236 (false imprisonment) (Sacramento County Docket No. 19FE023105) As a result of these convictions, DANDRAE MARTIN, SMILEY MARTIN, JOSHUA HOYE, SERGIO HARRIS, DEVAZIA TURNER, and MTULA PAYTON are all prohibited from possessing any firearms or ammunition Pursuant to Penal Code Section 29800(a)(1) A records check also showed that both DEVAZIA TURNER and MTULA PAYTON had been previously contacted together on August 4, 2021 by SPD South Gang Enforcement Team (SGET) officers. During that contact, SPD SGET officers discovered both DEVAZIA TURNER and MTULA PAYTON were in Possession of a 40 caliber semi-automatic handgun and arrested both for being felons in possession of 2 firearm, in violation of Penal Code Section 29800(a)(1). During that investigation, SPD SGET officers re-validated both DEVAZIA TURNER and MTULA PAYTON as members of G-Mobb/starz. the records check showed that criminal charges had been filed against both DEVAZIA TURNER and MTULA PAYTON for a felony violation of Penal Code Section 29800(a)(1) (Sacramento County Docket No. 21FE013201) and that at the time of this shooting, both DEVAZIA TURNER and MTULA PAYTON had been released from custody on bail, within the meaning of Penal Code Section 1202.1Investigating detectives are aware that the Del Paso Heights Bloods are allies with G-Mobb and its various subsets, as well as Trigga Mob. During the investigation, detectives learned that JOSHUA HOYE, DANDRE MARTIN, and SMILEY MARTIN indicated they had gang conflict with the Del Paso Heights Bloods and Trigga Mob, which would necessarily lead to conflict with their allies, G-Mobb and their subsets, including Starz (also known as Stick Up Starz and/or Starz Up). Detectives and crime scene investigators responded to the scene and conducted a large canvass of the. area for items of evidence and surveillance video. A search of the area yielded approximately 12 locations with cameras, which captured the events leading up to the shooting and after the shooting. Detective reviewed the video surrounding the intersection of 10th Street and k Street and were able to track the movements of the individuals involved. Video from the Rodney's Cigar and Liquor Store (located at 1000 J Street) showed DEVAZIA TURNER and MTULA PAYTON arriving together on April 2, 2022 at approximately 10:14:01 p.m., driving a white Chevrolet Equinox and dark gray Ford Mustang, respectively. The Equinox and Mustang were both found to be associated to DEVAZIA TURNER. DEVAZIA TURNER and MTULA PAYTON loiter near the vehicles with three other individuals. DEVAZIA TURNER and MTULA PAYTON arriving at Rodney's Cigar and Liquor Store is shown in the image below: a ad 10:14°01 rT STO) A At 11:23:53 p.m., after DEVAZIA TURNER and MTULA PAYTON moved the Equinox and Mustang forward, SERGIO HARRIS parked his Jaguar sedan in front of Rodney’s Cigar and Liquor Store behind the Equinox and Mustang driven by MTULA PAYTON and DEVAZIA TURNER, as shown in the image below:04/02/2022 11:23:53 PM SIDE LF At 11:27:19 p.m., DEVAZIA TURNER, MTULA PAYTON, and three other individuals walk southbound down 10th Street on the east sidewalk. DEVAZIA TURNER and MTULA PAYTON then scanned in at the District 30 night club, located at 1022 k Street. Photographs taken as part of the night club’s security system showed both DEVAZIA TURNER and MTULA PAYTON arriving at 11:47 p.m. and 11:49 p.m, respectively, as shown below: April 2, 2022 at 11:47 p.m. ~ DEVAZIA TURNERApril 2, 2022 at 11:49 p.m, - MTULA PAYTON Surveillance video footage obtained from the building at 1029 K Street showed JOSHUA HOYE, SMILEY MARTIN, and DANDRAE MARTIN walking with four additional individuals southbound on 11th Street crossing over Jazz Alley on April 3, 2022, at 12:06 a.m., as shown in the image below:‘At 12:49 a.m., DANDRAE MARTIN and SMILEY MARTIN scanned in at the District 30 night club, but based on interior video it does not appear they ever entered the club. The identification card used by SMILEY MARTIN was in the name of another individual and it appears that he attempted touse another individual's identification to enter the club. Photographs taken as part of the night club's security system showed both DANDRAE MARTIN and SMILEY MARTIN at 12:49 a.m., as shown below: April 3, 2022 at 12:49 a.m. ~ DANDRAE MARTIN April 3, 2022 at 12:49 a.m. — SMILEY MARTIN 8At 1:11:11 a.m,, JOSHUA HOYE, SMILEY MARTIN, and DANDRAE MARTIN were recorded on video surveillance loitering in the area just outside the District 30 night club and the Dive Bar on K Street, as shown below: ‘The group consisting of JOSHUA HOYE, SMILEY MARTIN, DANDRAE MARTIN, and four other individuals made their way to the north side of K Street in front of the Crest Theater. The group with JOSHUA HOYE meandered east to a location on the north side of K Street directly across the street from the District 30 night club. ‘At approximately 1:32 a.m., MTULA PAYTON and DEVAZIA TURNER exited the District 30 night club and walked across the street toward the group that included JOSHUA HOYE, SMILEY MARTIN, and DANDRAE MARTIN. This is the first video to show the first meeting/interaction of the two groups that were involved in the shooting. At approximately 1:34 a.m., DEVAZIA TURNER, MTULA PAYTON, and another individual walked away from JOSHUA HOYE, SMILEY MARTIN, and DANDRAE MARTIN.ew wv At 1:34:37 a.m., DEVAZIA TURNER and MTULA PAYTON stopped in front of the Crest Theater, located at 1013 K Street. At 1:35:02 a.m., JOSHUA HOYE, SMILEY MARTIN, DANDRAE MARTIN, and one other individual walked up to DEVAZIA TURNER, MTULA PAYTON, and one other individual as they stood in front of the theater. At 1:38:27 a.m., the group containing JOSHUA HOYE, SMILEY MARTIN, and DANDRAE MARTIN appear to stand off in front of DEVAZIA TURNER and MTULA PAYTON. MTULA PAYTON motioned with his right arm and hand in the air and appeared to wave for additional individuals to join him. At 1:38:53 a.m., MTULA PAYTON left heading west on K Street, leaving DEVAZIA TURNER with approximately 3 to 4 other individuals. At 1:41:22 a.m., MTULA PAYTON is recorded on the west side of Rodney's Cigar and Liquor Store (1000 J Street) walking northbound on 10th Street heading towards J Street. At 1:41:35 a.m., MTULA PAYTON rounded the corner at 10th Street and J Street and walked east along J Street to his white Chevrolet Equinox that was parked along the south curb of J Street, as shown in the image below: 01:41:35 AM MTULA PAYTON appeared to retrieve an item that he placed in his hooded sweatshirt and immediately walked back in the direction he came from, heading southbound on 10th Street. At 1:43:11 a.m,, MTULA PAYTON was stopped by two individuals, who were on the east side sidewalk on 10th Street, next to the west side of the building at 1000 J Street. The individuals grabbed onto 10)So o TULA PAYTON stopping him from continuing southbound down the sidewalk. MTULA PAYTON talked to the subjects and pointed south towards the intersection of 10th Street and K Street, as shown in the image below: ‘At 1:43:34 a.m., MTULA PAYTON broke away from the individuals who stopped him and headed southbound down 10th Street toward the intersection of 10th Street and K Street. At 1:43:43 a.m, the two individuals that spoke to MTULA PAYTON, walked up to SERGIO HARRIS and talked to him, as shown in the image below: AeA AAR ES SES SB) es , De ieoe o During their conversation, the two individuals pointed south toward K Street. SERGIO HARRIS responded by motioning with his head to follow him as he walked south down the sidewalk toward the intersection of 10th Street and K Street. Multiple individuals with DEVAZIA TURNER and MTULA PAYTON made their way to the northeast corner of the intersection of 10th Street and K Street. ‘A Sacramento Police Department police observation device (POD) surveillance camera located in an elevated position in the northwest corner of the intersection of 10th Street and k Street recorded the events that occurred at the northeast corner of the intersection, At 1:51:24 a.m., MTULA PAYTON and DEVAZIA TURNER are recorded next to the corner of the Sharif Jewelers, which is located on the northeast corner of the intersection of 10th Street and K Street, as shown in the image below: At approximately 1:54 a.m., the group with JOSHUA HOYE, SMILEY MARTIN, and DANDRAE MARTIN make their way west on K Street heading toward the intersection of 10th Street and K Street. Once at the northeast corner of the intersection, both groups were recorded standing amongst the crowd that began to build around the northeast corner. 2 (0eo wo At 1:57:00 a.m., there were approximately 70 to 80 people congregating around the northeast corner of the intersection, as shown in the image below: At 1:57:02 a.m., POD surveillance footage showed the crowd on the northeast corner of the intersection of 10th Street and K Street, began to run from the corner. DEVAZIA TURNER quickly walked away from the corner, just ahead of SERGIO HARRIS, MTULA PAYTON, and several other individuals. DEVAZIA TURNER, SERGIO HARRIS, MTULA PAYTON, and three other individuals headed north on 10th Street, as shown in the image below:So eo Detectives interviewed a witness that indicated he was standing along the west wall of the Sharif Jewelers, near the corner just prior to the shooting. He stated that he heard a group of individuals cursing at each other at the corner. The witness advised he observed a male black adult, with short dreads, and facial tattoos pull up their white hooded sweatshirt and brandish a black semi-automatic handgun in their waistband. The witness identified the male black adult with short dreads in the surveillance video and based on their movements the individual brandishing the firearm as described by the witness was identified as MTULA PAYTON, as shown in the image below: ee At 1:57:10 a.m., the crowd around the corner of Sharif Jewelers continued to run from the area. Individuals ran across the street, cars backed away from the corner before their passengers could get inside, and food venders left a cart unattended. The group containing JOSHUA HOYE, SMILEY MARTIN, DANDRAE MARTIN, and two other individuals were the only people who remained at the corner of the Sharif Jewelers, as shown in the image below:At 1:57:18 a.m., MTULA PAYTON and SERGIO HARRIS walked northbound on the east sidewalk on 10th Street, while turning their bodies to monitor the corner where JOSHUA HOYE, SMILEY MARTIN, and DANDRAE MARTIN were standing. As they walked northbound, MTULA PAYTON was recorded using his right hand to lift his white hooded shirt up no less than two times, as shown in the image below: 15So So At 1:57:26 a.m., the POD surveillance footage showed JOSHUA HOYE, SMILEY MARTIN, DANDRAE MARTIN, and two other individuals, standing along the southern wall of the Sharif Jewelers, as shown in the image below: At 1:57:28 a.m., JOSHUA HOYE is recorded standing next to SMILEY MARTIN, while raising his right arm parallel to the ground and pointing north toward MTULA PAYTON and DEVAZIA TURNER’s group. It appears that JOSHUA HOYE is holding a dark object in his hand that could be consistent with a black firearm, as shown in the image below: 16So oS ‘At 1:57:53 a.m,, as people fled from the northeast corner of the intersection of 10th Street and K Street, SERGIO HARRIS was recorded walking north on the east sidewalk of 10th Street and stopping approximately 65 feet north of the northeast corner of the intersection of 10th Street and K Street, as, shown in the image below: At 1:57:58 a.m., DEVAZIA TURNER and MTULA PAYTON met with four other individuals approximately 50 feet to the north of the northeast corner of the intersection of 10th Street and k Street. All six individuals stand close to each other along the west Sharif Jewelers’ wall, as shown in the image below:So So At 1:58:32 a.m., DEVAZIA TURNER and MTULA PAYTON walked southbound, with at least four additional individuals down the sidewalk and fanned out from each other as they approached the northeast corner of the intersection of 10th Street and K Street, as shown below: At 1:58:36 a.m., SERGIO HARRIS walked southbound down the northbound lane of 10th Street, along the driver's side of a parked vehicle and curved back towards the northeast corner of 10th Street and K Street, as shown in the image below: 18At 1:58:43 a.m., the group containing DEVAZIA TURNER and SERGIO HARRIS walked to a position just to the south of where JOSHUA HOYE, SMILEY MARTIN, DANDRAE MARTIN, and one other individual were standing, as shown in the image below:oS o At 1:59:13 a.m., SERGIO HARRIS and DEVAZIA TURNER stood with a group, containing approximately five other people, just to the south of a group of individuals that included JOSHUA HOYE, SMILEY MARTIN, and DANDRAE MARTIN, as shown in the image below:At 1:59:19 a.m., JOSHUA HOYE, SMILEY MARTIN, and DANDRAE MARTIN moved their group approximately 10 feet to the east, away from the group containing SERGIO HARRIS and DEVAZIA TURNER, as shown in the image below: 2At 1:59:33 a.m., the group with SERGIO HARRIS and DEVAZIA TURNER moved east toward JOSHUA HOYE, SMILEY MARTIN, and DANDRAE MARTIN group, as shown in the image below:— o At 2:00:08 a.m., individuals from SERGIO HARRIS and DEVAZIA TURNER’s group walked over to JOSHUA HOYE, SMILEY MARTIN, and DANDRAE MARTIN’s group, as shown in the image below:‘At 2:00:10 a.m., a witness from SERGIO HARRIS and DEVAZIA TURNER’s group, wearing a red and white jacket, with dreadlocked hair with red tips, walked over and stood directly in front of JOSHUA HOYE, SMILEY MARTIN, and DANDRAE MARTIN, as shown in the image below (with the witness in the red and white jacket labeled as “Subject”): The individual in the red and white jacket was later interviewed at the hospital by homicide detectives after being shot during the incident. This witness advised detectives he was a gang member with the Del Paso Heights Bloods. This witness told detectives that “everybody's coming out of District 30 going towards London. Walking down the street. Dude, was like, ‘what's you staring at? Is there a problem?’” The witness identified SMILEY MARTIN as the “dude” that confronted him and told detectives, “the only thing | heard was MOB this and MOB that and everybody was scattering.” a (18eo o ‘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. 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, as shown in the image below:eo oe ‘At 2:00:24 a.m., SMILEY MARTIN moved to the southwest toward the group with SERGIO HARRIS and DEVAZIA TURNER. As this occurred, SERGIO HARRIS walked to the west of his group, crouched down, and then walked directly into the middle of his group heading toward the witness wearing a red and white jacket, as seen in the image below:o ww ‘At 2:00:31 a.m., SMILEY MARTIN pulled a female individual back from standing in-between the two ‘groups, as seen in the image below: ‘At 2:00:36 a.m., after being pulled back by SMILEY MARTIN, the female individual returned to standing in-between the groups. At that point, JOSHUA HOYE grabbed the female individual and shoved her back behind him. JOSHUA HOYE then turned back toward the group with SERGIO HARRIS and DEVAZIA TURNER. At 2:00:37 a.m., SERGIO HARRIS moved forward toward the witness wearing a red and white jacket. As SERGIO HARRIS moved forward, the video appears to show SERGIO HARRIS's right arm extending outward directly in front of DEVAZIA TURNER, as seen in the image below: 7The surveillance footage showed a muzzle flash coming from the area directly in front of DEVAZIA ‘TURNER’s chest. DEVAZIA TURNER’s black t-shirt with square gold graphic can be seen behind the muzzle flash, as people respond to the first shot. 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, as seen in the image below:wo oe Detectives were able to observe that following the commencement of the gun battle, DEVAZIA TURNER could be seen backpedalling, 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 coroborate a full- automatic gun being fired during that time. While SMILEY MARTIN fired northbound, DANDRAE MARTIN positioned himself along the southwest corner of Sharif Jewelers, as JOSHUA HOYE stumbled east, as shown in the image below: 29oe eo At 2:00:40.256 a.m., SMILEY MARTIN stepped backward to the south and continued firing toward the north, in the direction of SERGIO HARRIS and DEVAZIA TURNER, as shown in the image below: At 2:00:40.590 a.m., SMILEY MARTIN took another step backward and continuing firing north, as shown in the image below: 30oS So At 2:00:41 a.m., DANDRAE MARTIN postitioned himself around the corner and fired a handgun toward ‘the north toward the direction of SERGIO HARRIS and DEVAZIA TURNER. As DANDRAE MARTIN fired northbound, the video captured muzzle flashes from his handgun. DANDRAE MARTIN continued to fire northbound as SMILEY MARTIN ran east toward JOSHUA HOYE, who was standing against the Sharif Jewelers’ south-facing glass wall, as seen in the image below: At 2:00:42 a.m., DANDRAE MARTIN angled his firing arm downward toward the direction of SERGIO HARRIS and DEVAZIA TURNER. MTULA PAYTON fell down and scrambled to get up, as shown in the image below: 31oe 4 At 2:00:43 a.m., JOSHUA HOYE fell to the ground along the Sharif Jewelers’ south wall, as seen in the image below: ‘At 2:00:47 a.m., MTULA PAYTON began running northbound on 10th Street along the east sidewalk, As he ran, MTULA PAYTON fired a handgun to the south toward the intersection of 10th Street and K Street. At the time he fired, no one was at the corner firing back at him. MTULA PAYTON can be seen in the video footage below as he ran northbound on 10th Street: 32So So Video showed that at the same time (2:00:47 a.m.), DANDRAE MARTIN and another male individual went to JOSHUA HOYE’s body. SMILEY MARTIN joined them and appeared to flip JOSHUA HOYE over and pull him to the south, as seen in the image below: As JOSHUA HOYE’s body was flipped over, two dark objects fell from his body. One of the objects appeared to be a handgun. Survellance video showed that MTULA PAYTON continued to shoot southbound as he ran northbound on 10th Street toward J Street. During scene processing, 18 spent 9 mm 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, as seen in the image below:After firing to the south on 10th Street, MTULA PAYTON ran around the corner on J Street, to the white Chevrolet Equinox parked in front of Rodney's Cigars and Liquor Store, as seen in the image below: 04/03/2022 02:01:10 SIDE LFMTULA PAYTON then fled the scene. Video surveillance from the Sacramento Regional Transit (RT) light rail station at Cathedral Square and along K Street was obtained, as well as video surveillance from 1029 K Street. Detectives reviewed the footage and observed that after the shooting, SMILEY MARTIN and DANDRAE MARTIN fled eastbound on K Street with four other individuals in the direction of the Cathedral of the Blessed Sacrament. The group turned north and crossed through Cathedral Square to the intersection of 11th Street and Jazz Alley. ‘At 2:04:54 a.m., responding SPD officers contacted SMILEY MARTIN and DANDRAE MARTIN, after SMILEY MARTIN collapsed to the ground at the intersection of 11th Street and Jazz Alley. Officers rendering aid to SMILEY MARTIN cut a black hooded sweatshirt with a red and gold “Backwoods” graphic on front. DANDRAE MARTIN had a black hooded sweatshirt with a blue and white graphic on the front which was removed while SPD and SFD personnel rendered medical aid to him. The ‘sweatshirts were left at the scene and later photographed in place. Detectives observed that these were the same sweatshirts that DANDRAE MARTIN and SMILEY MARTIN had been photographed wearing earlier in the evening when scanned at District 30. The sweatshirts matched the clothing of the two individuals shooting at the northeast corner of 10th Street and K Street. The sweatshirts are shown below:As SPD officers secured the scene, they located a black Glock 19 handgun with a 30-round extended magazine, a tactical laser sight, and full-automatic selector switch, in the front alcove of the building at 1029 k Street, as shown in the body-worn camera image below: 2022-04-03) 82:25:28 —8780) © ta) CRBC) The Glock 19 was found with the magazine still inserted and had blood covering it. The location at 1029 K Street was directly east of the shooting and in the path of travel for SMILEY MARTIN leading toward Cathedral Square, where he was contacted by responding officers. The Glock 19 was secured and photographed, as shown in the image below: 36The security video from the front alcove of the building at 1029 K Street, showed that at 2:02:19 a.m., DANDRAE MARTIN and SMILEY MARTIN walked with two other individuals past the alcove. As they walked by, SMILEY MARTIN was recorded discarding the Glock 19 full-automatic handgun with the 30- round extended magazine into the front alcove, as shown in the surveillance images below: DANDRAE MARTIN walking past the alcove at 1029 K Street 370 4 SMILEY MARTIN walking past the alcove at 1029 k Street, tossing the Glock 19 handgun (circled in red) ‘The Sacramento Police Department created an online portal for the public to upload/share any information, photographs, or video related to the shooting. A video was posted to this portal with a screen recording of an Instagram video posted by JOSHUA HOYE on the night of April 2, 2022, at about 9:30 p.m During the introduction to the video, JOSHUA HOYE appeared to perform gang hand signs while listening to music. After JOSHUA HOYE performed a series of gang hand signs, he made a thumbs down. The video then cut to what appeared to be the parking lot of an apartment complex. JOSHUA HOYE then moved the camera around and recorded himself, DANDRAE MARTIN, and SMILEY MARTIN posing with no less than two black handguns and one long barreled rifle. One of the black handguns 38had a large extended magazine black magazine and had a laser sight, consistent with the full-automatic Glock 19 handgun recovered on scene. JOSHUA HOYE’s Instagram post showed SMILEY MARTIN wearing the red and gold Backwoods black hooded sweatshirt with his hair pulled back by a blue bandana. As JOSHUA HOYE filmed the video, SMILEY MARTIN is recorded yelling out “TMK, you already know what time it is.” JOSHUA HOYE recorded himself holding the black semi-automatic handgun with extended magazine, as he shined the laser sight into the camera lens. DANDRAE MARTIN was recorded in the video wearing the blacked hooded sweatshirt with blue and white graphic on the front while holding a handgun. Four screen captures of this Instagram video are shown below: SMILEY MARTIN in the black sweatshirt with the red and gold Backwoods logo 30 (4DearS JOSHUA HOYE posing with the extended magazine handgun* eed Denes JOSHUA HOYE pointing the laser sight at the cameraDANDRAE MARTIN wearing the black hooded sweatshirt with the blue and white logo While posing with the guns, and randomly singing to a rap songs, JOSHUA HOYE addressed the camera while flashing the laser sight of the black handgun with extended magazine and stated the following: “Smokin’ like | talk’n nigga. Hey, they're going to tell me in the morning to take this shit down. Yeah, | ain’t trip’n... nigga on the set, nigga. Nigga, you know what's going on, nigga. Hey, they been looking for me nigga. They been looking for me nigga. They been looking for me nigga. On the set nigga. We ain't just talking nigga. TMK nigga. Trigga Mob Killer if you ain’t irrelevant. Stay up nigga. You niggas don’t know nigga... it’s TMK nigga. Come holla nigga. Stay up nigga. We ain’t just talking nigga.” a2 (43JOSHUA HOYE continued to record himself holding the black handgun with extended magazine, while he mumbled a name and stated, “step around me.” A male black adult wearing a black head wrap, standing next to JOSHUA HOYE then stated, “better step around me punk ass niggas.” SMILEY MARTIN, who was standing near them, then extended his right arm over JOSHUA HOYE's left shoulder, while pointing a semi-automatic handgun at the camera. JOSHUA HOYE then stated, “bitch, you got bums. | got boundaries, nigga.” JOSHUA HOYE and the group of people around him sang the lyrics to a rap and then JOSHUA HOYE yelled out “Garden Bloce Crip!” In addition to the video posted on Instagram by JOSHUA HOYE, multiple screen record videos were submitted to the SPD online portal which captured a social media live video post which was made by SMILEY MARTIN on April 2, 2022, at 9:45 p.m., under the account name “Tmk Smiley.” TMK is known to detectives to be a short-hand way of saying “Trigga Mob killer” and have observed that SMILEY MARTIN has the letters TMK tattooed on his face near his eye. During the video, SMILEY MARTIN pointed a semi-automatic handgun at the camera and stated “It’s easy. It’s easy. On my momma, if you don’t know me, you not safe.” SMILEY MARTIN can be seen pointing a semi-automatic handgun at the camera in the image below:@ So SMILEY MARTIN spoke to the camera about going to downtown Sacramento, but not being able to go into the clubs because he did not have any identification. JOSHUA HOYE was also in the video, and both talked about concealing firearms on their person. JOSHUA HOYE and SMILEY MARTIN then stated the following: JOSHUA HOYE: (inaudible) |just start shoot’n whenever they tell me to shoot. Ha ha. Ha. SMILEY MARTIN: Yea...yea... yea... keep that on the hush though. It get that nasty though. On my momma, is you nasty? In the same video, SMILEY MARTIN later stated: “Yeah. Yeah. They'll move how | move, kaa... GBC. They'll move how I move, Kaa. This nigga be in there faking bro. This shit ain’t for fake. | really live like da... Ha... ha... On god. You seen it. 1 really live like dat. | really move like dat...” When SMILEY MARTIN ended his video, he stated the following: “ 1 already know. | see ‘em. | see ‘em. I see the police nigga. They can't tell me noth’n though. | ain’t all... that ain’t even them. We know every car moving, don’t give a fuck who it is nigga. Over the overpass. It don’t matter. Nigga, we own shit. Ain't no nigga get’n pass here we don’t see them nigga. On my momma. Whatchu thought? Any nigga that didn’t know | was outside like that... nigga, on my momma, I'm outside like that. Bitch! And I’m in the sucka side. This ain’t my area bro. I’m from 29th Street. This ain’t my area, bro. On my momma. On god. Any nigga feel some type of way, know where we at. They been knowing where we at. They been knowing where my brothers is at. On god, motherfuckers out here on some sick shit, on a daily basis. It’s that easy. That's my little brother. This is our car. You feel me... This is how we pull it through there. We don’t need no extra shit bro. Somebody calling me. ‘mma holla.” During the investigation, detectives were able to observe that the videos posted by JOSHUA HOYE and SMILEY MARTIN were filmed around 9 p.m, to 9:30 p.m. on April 2, 2022, approximately 4 % to 5 hours prior to the shooting at 10th Street and K Street. Detectives were also able to observe that the video was posted in north Sacramento, in territory traditionally claimed by and frequented by the Del Paso Heights Bloods. This is territory that SMILEY MARTIN referred to as the “sucka side” in his video when he told the camera he was not in his “area” because he was from “29th Street,” referring to the 29th Street Crips, a subset of the Garden Blocc Crips that traditionally claim territory in south Sacramento between Meadowview Road, Florin Road, 21st Street, and the Regional Transit tracks to the west of Franklin Boulevard. During the investigation, homicide detectives contacted all the subjects who were transported, either by self-transport or by SFD, to area hospitals and attempted to obtain the location of where they were at when they were shot. Four subjects stated they were on the 10th Street east sidewalk, north of K Street, when they were shot. The subjects further advised they had no involvement with the altercation at the northeast corner of the intersection of 10th Street and K Street. 44 (49)oS oe While processing the scene, bullet impacts were located along the east side of The Citizen Hotel (located at 926 J Street) with one impact hitting the hotel restaurant's glass door and a second hitting a hotel room exterior window one story above the restaurant. Melinda Davis was located along the west wall of the building located at 927 10th Street (located at the northeast corner of the intersection of 10th Street and J Street, which is one city block north of the intersection of 10th Street and k Street where SMILEY MARTIN and DANDRAE MARTIN fired from. Additional bullet impacts were located on vehicles parked along the 10th Street east sidewalk. As a result of the shooting, SERGIO HARRIS, DEVAZIA TURNER, Johntaya Alexander, and Melinda Davis, were all shot and killed north of the intersection of 10th Steet and K Street. The Sacramento County Coroner's Office conducted autopsies of each of their bodies and determined they all died of gunshot wounds. After reviewing video surveillance, witness statements, and physical evidence, homicide detectives formed the opinion that SMILEY MARTIN and DANDRAE MARTIN fired in a northbound direction from the northeast corner of the intersection of 10th Street and K Street, striking SERGIO HARRIS, DEVAZIA TURNER, Johntaya Alexander, Melinda Davis, and causing their deaths. Preliminary results from the Sacramento County Laboratory of Forensic Services showed that SERGIO HARRIS has characteristic gunshot residue particles on his hands. In addition to the aforementioned four decedents, as a result of shooting, Yamile Martinez and JOSHUA HOYE were both shot and killed to the south and east of the northeast corner of the intersection of 10th Street and K Street. The Sacramento County Coroner's Office conducted autopsies on both of their bodies and determined they both died of gunshot wounds. After reviewing video surveillance, witness statements, and physical evidence, homicide detectives formed the opinion that the group of individuals that included SERGIO HARRIS, DEVAZIA TURNER, and MTULA PAYTON fired in a southbound direction from the northeast corner of the intersection of 10th Street and K Street, striking JOSHUA HOYE and Yamile Martinez, causing their deaths, On April 3, 2022, DANDRE MARTIN was arrested for being a felon in possession of a firearm, in violation of Penal Code Section 29800(a)(1). On that same date, SMILEY MARTIN was transported to a local area hospital and hospitalized due to gunshot wounds he received during this gun battle. On April 20, 2022, SMILEY MARTIN was medically cleared and arrested on an arrest warrant for violations of Penal Code Sections 29800(a)(1) (felon in possession of a firearm) and 32625(a) (possession of a machinegun). On April 8, 2022, an arrest warrant was issued for MTULA PAYTON for a violation of Penal Code Section 29800(a)(1) (felon in possession of a firearm). MTULA PAYTON is currently a wanted fugitive from justice and is being sought by detectives. 45© oS Based on the above-described facts and circumstances, homicide detectives formed the opinion that as a result of the gun battle between SERGIO HARRIS, DEVAZIA TURNER, MTULA PAYTON, SMILEY MARTIN, and DANDRAE MARTIN, that there is probable cause to believe that SMILEY MARTIN, DANDRAE MARTIN, and MTULA PAYTON are responsible for the murders of Yamile Martinez, Johntaya Alexander, and Melinda Davis, in violation of Penal Code Section 187(a), and that SMILEY MARTIN, DANDRAE MARTIN, and MTULA PAYTON are convicted felons who were in possession of firearms, in violation of Penal Code Section 29800(a)(1). Furthermore, because SMILEY MARTIN used a full-automatic Glock 19 handgun in the commission of the above-described murders, homicide detectives formed the opinion that SMILEY MARTIN was also in possession of a machinegun, in violation of Penal Code Section 32625(a).