A key witness and survivor of Sacramento’s deadliest shooting is expected to return to the stand Wednesday to continue his testimony.Seconds before the April 3, 2022, shootout broke out along the K Street corridor, a conversation occurred that attorneys are arguing over how relevant it was in causing the gunbattle that left six dead and 12 injured.”Where you from?” was the question that was asked at the corner of 10th and K streets, right by where the former Sharif Jewelers was.Prosecutors state that the question was not intended to be friendly and was part of a gang-related standoff. The defense, however, argues that police were motivated to investigate this as a gang shooting. The attorneys representing defendants Mtula Payton and Dandrae Martin are trying to convince jurors that the shooting was not premeditated and that friends were simply spending time together until violence broke out.Martin’s attorney specifically named Sergio Harris, one of the slain gunmen, as the person who instigated the shooting. Multiple surveillance videos show Harris was among the crowd when the shootout began.A witness who was also among the crowd was the person who was asked the “where you from?” question. His initials are OW, and he also knew Harris, who grew up in the same neighborhood as him: Del Paso Heights.K Street trial updates todayFind live updates below as they occurUpdates from May 12 and afterwardWhat happened previouslyOW’s memory is a challenge for attorneys. He answered most questions from both prosecutors and the defense by saying he didn’t remember.However, when his previous testimonies and statements were cited, he didn’t deny those statements being made. This even led the defense to ask OW whether he may have simply gone along with the detectives’ questions. He said that is a possibility.OW did, however, identify the two men who approached him on K Street as the Martin brothers. OW said the man who asked him the “where you from?” question was Dandrae’s brother, Smiley Martin. Smiley died in 2024 while in custody.In response to that question, OW said, “I’m from the North, but I don’t bang.” He explained that the response was a way to explain that he doesn’t engage in gang activity.OW’s previous testimony and statements suggested that he saw the man, whom he later identified as Smiley, with a gun and that he wanted to get away from the situation.But when he turned around, OW said there was a second man behind him. He later identified that second man as Dandrae Martin.Days after the shooting, OW was in a hospital after he was shot twice. OW was interviewed by a detective while he was still recovering, body-worn camera footage showed. In the video, OW is heard saying that Sergio Harris “stepped up” to his aid after being asked the question that is still at the center of attorneys’ arguments to jurors.The judge ended court proceedings before the video finished. It will likely continue to be played Wednesday.Updates from the beginning of the trialThe six killed in the K Street shootingThe three victims are 21-year-old Johntaya “JoJo” Alexander, 57-year-old Melinda Davis, and 21-year-old Yamile Martinez-Andrade.The other three people who died were 29-year-old DeVazia Turner, 38-year-old Sergio Harris and 32-year-old Joshua Hoye-Lucchesi. They are not considered victims because of a California law that does not consider them one if they participate in a shooting that injures or kills someone.See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel | Make KCRA a preferred news source in Google
A key witness and survivor of Sacramento’s deadliest shooting is expected to return to the stand Wednesday to continue his testimony.
Seconds before the April 3, 2022, shootout broke out along the K Street corridor, a conversation occurred that attorneys are arguing over how relevant it was in causing the gunbattle that left six dead and 12 injured.
“Where you from?” was the question that was asked at the corner of 10th and K streets, right by where the former Sharif Jewelers was.
Prosecutors state that the question was not intended to be friendly and was part of a gang-related standoff.
The defense, however, argues that police were motivated to investigate this as a gang shooting. The attorneys representing defendants Mtula Payton and Dandrae Martin are trying to convince jurors that the shooting was not premeditated and that friends were simply spending time together until violence broke out.
Martin’s attorney specifically named Sergio Harris, one of the slain gunmen, as the person who instigated the shooting. Multiple surveillance videos show Harris was among the crowd when the shootout began.
A witness who was also among the crowd was the person who was asked the “where you from?” question. His initials are OW, and he also knew Harris, who grew up in the same neighborhood as him: Del Paso Heights.
K Street trial updates today
Find live updates below as they occur
Updates from May 12 and afterward
What happened previously
OW’s memory is a challenge for attorneys. He answered most questions from both prosecutors and the defense by saying he didn’t remember.
However, when his previous testimonies and statements were cited, he didn’t deny those statements being made. This even led the defense to ask OW whether he may have simply gone along with the detectives’ questions. He said that is a possibility.
OW did, however, identify the two men who approached him on K Street as the Martin brothers. OW said the man who asked him the “where you from?” question was Dandrae’s brother, Smiley Martin. Smiley died in 2024 while in custody.
In response to that question, OW said, “I’m from the North, but I don’t bang.” He explained that the response was a way to explain that he doesn’t engage in gang activity.
OW’s previous testimony and statements suggested that he saw the man, whom he later identified as Smiley, with a gun and that he wanted to get away from the situation.
But when he turned around, OW said there was a second man behind him. He later identified that second man as Dandrae Martin.
Days after the shooting, OW was in a hospital after he was shot twice. OW was interviewed by a detective while he was still recovering, body-worn camera footage showed.
In the video, OW is heard saying that Sergio Harris “stepped up” to his aid after being asked the question that is still at the center of attorneys’ arguments to jurors.
The judge ended court proceedings before the video finished. It will likely continue to be played Wednesday.
Updates from the beginning of the trial
The six killed in the K Street shooting
The three victims are 21-year-old Johntaya “JoJo” Alexander, 57-year-old Melinda Davis, and 21-year-old Yamile Martinez-Andrade.
The other three people who died were 29-year-old DeVazia Turner, 38-year-old Sergio Harris and 32-year-old Joshua Hoye-Lucchesi. They are not considered victims because of a California law that does not consider them one if they participate in a shooting that injures or kills someone.
See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel | Make KCRA a preferred news source in Google