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2 Suspected Gunmen In Sacramento Mass Shooting Back In Court, 3rd Person Arrested Appears On Separate Firearm Charge

SACRAMENTO (CBS13) — Two brothers accused of firing gunshots in Sacramento's worst mass shooting in history appeared back in court Tuesday afternoon.

A third man who was arrested on gun charges after the shooting, but not in connection to it, also appeared.

Daviyonne Dawson, 31, joins Dandrae Martin, 26, and Smiley Martin, 27, and Mtula Payton, 27, who remains at large, as the four people now facing charges after the shooting. Dandrae and Smiley, who are brothers, are suspected of firing guns during the shooting and appear to have long rap sheets – with Smiley recently having been paroled.

Smiley Martin
Dandrae Martin previous arrest mugshot
Booking photo of Dandrae Martin from a previous arrest in Arizona. (Credit: Arizona Dept. of Corrections)
Mtula Payton
Mtula Payton, 27 (credit: Sacramento Police Department)
daviyonne dawson
Daviyonne Dawson during his first court appearance after his arrest following the April 3 shooting in Sacramento.

Cameras were not allowed inside the Sacramento County courtroom Tuesday, but CBS13 Reporter Madisen Keavy inside to report. Dawson's case and the Martin brothers' cases were continued to the end of May.

The Martin brothers are represented separately: Dandrae is represented by Linda Parisi, and Smiley is represented by public defender Meghan Cunningham. Both attorneys told the court they had not received evidence in the case and could not move forward until that changed.

The evidence, Cunningham explained in the hallway outside the courtroom to the media, was "anything you could think of" related to the case. That includes police reports, surveillance video, submitted videos and photos, and other evidence related to the case.

"Until we see the reports, and have an opportunity to discuss with the district attorney to discuss what the nature of the charges are, it would be premature," Parisi told media in the hallway outside of the courtroom.

Parisi, who spoke on behalf of her client, Dandrae, asked the court for medical attention for him. According to Parisi, who was unable to give specifics, Dandrae has a "medical issue" that has only been "cleaned" and she believes he requires the attention of a doctor. The judge agreed and by Martin's next appearance on May 27, Parisi believes he will have the proper treatment while in custody at the Sacramento County Jail.

Smiley Martin, now in custody, spent nearly a month hospitalized for gunshot wounds from the night of the shooting.

The Martin brothers and Payton have been named by the Sacramento Police Department as three of the suspected five shooters. Payton is still being sought by police, though he faces domestic violence and gun charges.

Payton's warrant for felony domestic violence stemmed from an incident on April 2, the day before the mass shooting, according to Sacramento police. Officers went to a home of Payton's relative and spoke with a woman with injuries who told them Payton was responsible for them. At that time, Payton was not at the home, and officers, according to a press release by Sacramento police, did not speak with him but did, however, file a report to document the incident. That led to the arrest warrant.

Dawson faces a charge of being a prohibited person in possession of a firearm. The gun he was found with was not identified as one of the weapons used in the mass shooting.

Dawson is not in custody and walked into the courtroom Tuesday alongside what appeared to be his family. Dawson did not speak in court Tuesday other than to correctly pronounce his name when asked by the judge.

He did not answer any questions and ignored the requests for comment related to the night of the mass shooting.

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