Prosecutors have dropped first-degree murder charges against the men accused in the K Street shooting after the jury was unable to reach a unanimous decision, according to a source close to the trial.The Sacramento County District Attorney’s Office has elected to proceed with second-degree murder charges instead, the source said. Jurors were dismissed for the day and will return to court on Tuesday to deliberate the second-degree murder charges.Martin and Mtula Payton are two of three people charged with first-degree murder and weapons charges in connection with the April 3, 2022, shootout that left six people dead and 12 more injured. Dandrae’s brother, Smiley Martin, was also arrested, but he died in custody in 2024.The key arguments from the prosecution were that this was a gang-related shooting involving animosity toward rival groups which, along with alcohol, fueled a brewing confrontation at the corner of 10th and K streets.Defense attorney Reid Kingsbury argued that there was no “gang” animosity and that none of these people were together as a group. At one point he even showed the dictionary definition of group to try and cut down the prosecution argument that certain people were together.Defense attorney Linda Parisi argued that this was an act of self-defense, even claiming in opening arguments that, even though the defendants are felons prohibited from possessing a firearm nothing says they cannot use one in self-defense.The victims 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.Sergio Harris, DeVazia Turner and Joshua Hoye-Luchessi also died in the shooting, but California law does not consider people who participated in gunbattles that result in death or injury to be victims.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.

SACRAMENTO, Calif. —

Prosecutors have dropped first-degree murder charges against the men accused in the K Street shooting after the jury was unable to reach a unanimous decision, according to a source close to the trial.

The Sacramento County District Attorney’s Office has elected to proceed with second-degree murder charges instead, the source said.

Jurors were dismissed for the day and will return to court on Tuesday to deliberate the second-degree murder charges.

Martin and Mtula Payton are two of three people charged with first-degree murder and weapons charges in connection with the April 3, 2022, shootout that left six people dead and 12 more injured. Dandrae’s brother, Smiley Martin, was also arrested, but he died in custody in 2024.

The key arguments from the prosecution were that this was a gang-related shooting involving animosity toward rival groups which, along with alcohol, fueled a brewing confrontation at the corner of 10th and K streets.

Defense attorney Reid Kingsbury argued that there was no “gang” animosity and that none of these people were together as a group. At one point he even showed the dictionary definition of group to try and cut down the prosecution argument that certain people were together.

Defense attorney Linda Parisi argued that this was an act of self-defense, even claiming in opening arguments that, even though the defendants are felons prohibited from possessing a firearm nothing says they cannot use one in self-defense.

The victims 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.

Sergio Harris, DeVazia Turner and Joshua Hoye-Luchessi also died in the shooting, but California law does not consider people who participated in gunbattles that result in death or injury to be victims.

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.