SACRAMENTO, Calif. — The DA’s Office last Friday filed a motion asking that the oldest of two brothers charged in the K Street shooting be held without bail following his release from a regional hospital.
The existence of the documents were first reported by The Sacramento Bee. The Update is the first to release them to readers.
Prosecutors called Smiley Martin a “significant, unreasonable risk to public safety” and say he showed a large risk of violence and criminal activity, citing previous convictions for domestic violence and robbery, as well as an allegation that he forced a romantic interest into prostitution.
According to the documents, Martin and his brother, Dandrae, as well as now-deceased Joshua Hoye-Lucchesi were standing on the northeast corner of 10th and K Street in front of Sharif Jewelers. Approximately 70-80 people were gathered there shortly before 2:00 AM as several bars and clubs in the area let out.
As The Update previously reported, all three men are affiliated with the Garden Blocc Crips and appeared in a livestream shortly before the shooting, where they were seen holding guns and making references to their gang membership.
According to investigating detectives who viewed surveillance footage of the shooting, dozens of people began fleeing from the intersection as a currently uncharged individual, standing next to Smiley, began to point across the street.
The men he was pointing at, according to Deputy District Attorney Brad Ng, were Mtula Payton and Devazia Turner. The duo, according to the Sacramento Sheriff’s Office, were validated as G-Mobb members in 2015 and 2021.
Payton, Turner, and two others turned and began to walk towards Smiley’s group on the northeast corner. Another man, Sergio Xavier Harris, crossed the street to join them. Officials say he was validated as a Del Paso Heights Blood in 2015 – an ally of G-Mobb.
As the enemy groups began to converge towards each other, hundreds of gunshots rang out from five shooters, including Smiley and Devazia Turner.
Hoye-Lucchesi, Harris, and Turner were all killed. Two uninvolved bystanders, Johntaya Alexander and Yamile Martinez-Andrade, were fatally shot in the crossfire. A 57-year-old homeless woman a block away was struck by the gunfire and killed. An arrest warrant has since been issued for Payton.
After hundreds of shell casings littered the street, the Martin brothers fled – both of them now injured. Smiley dropped his gun, a Glock 19 with an extended magazine, a laser sight, and a full-auto switch, in front of the M.A.Y building on K Street.
He was contacted by responding officers in front of the Cathedral of the Blessed Sacrament and was later arrested. He remains in police custody at a hospital, where he recovers from serious injuries, and will be booked at the Main Jail following his discharge. New charges relating to Martin’s gunfire may also be on the way.
The same day the motion was filed, Judge Michael Savage ordered that Martin be held up to his arraignment, where his lawyers will argue for his release against DDA Ng.