When a Baton Rouge teenager stands trial next year in the March 2014 triple murder at the Baker Civic Club, the jury will not hear that the teen allegedly fired a gun in an incident several months before the fatal shooting.
An East Baton Rouge Parish prosecutor on Wednesday withdrew a motion to use the December 2013 incident at Nakeydran Williams’ Feb. 22 trial on three counts of second-degree murder and one count of attempted second-degree murder.
Assistant District Attorney Darwin Miller told state District Judge Tony Marabella he pulled the motion for tactical reasons, saying he still believes the motion had merit but did not want to give Williams’ attorney, Tommy Damico, unlimited cross-examination of the lead detective on the case prior to trial.
Damico said afterward the prosecutor’s move disappointed him because he was prepared to extensively question the detective. Damico, however, said he understands the state did not want to give the defense a preview of its case.
“Honestly I don’t think it was going to be a successful motion,” Damico said.
Williams is accused of fatally shooting Marcell Franklin and Kendal Dorsey, both 15, and Diontrey Claiborne, 18, on March 28, 2014, and wounding 19-year-old Javaughn Simmons — identified by police as the intended target — during a crowded birthday party and rap concert at the Baker Civic Club.
Williams, 17, had turned 16 five days before the shooting.
Four months earlier, Williams was booked on counts of illegal use of a weapon and aggravated assault after he allegedly fired a revolver outside a home on Dec. 2, 2013. Those charges have not been resolved.
In that incident, a 16-year-old boy told police a boy known to him as “Scrappy” came to his door asking if he wanted to fight him. Scrappy pulled out a gun once the boy stepped outside the house, and as the boy headed back into the home he heard a shot, a police report states.
The boy also told police that Scrappy was a member of the “Acres Fam” gang — a gang based in the Holiday Acres neighborhood off Gore Road.
Williams denied shooting a gun during the 2013 incident and also told police he was not part of a gang.
During an April 2014 hearing in East Baton Rouge Parish Juvenile Court before Williams’ case was transferred to the 19th Judicial District Court, it was disclosed that Williams is known to his friends as Scrappy.
Detectives testified at that hearing that three witnesses identified Williams as the Baker Civic Club shooter. But one of those witnesses, his girlfriend, testified she was pressured by detectives to identify him. The detectives denied that allegation and noted it was she who contacted them.