SACRAMENTO, Calif. — Editor's Note: A previous version of this story said Daviyonne Dawson was a third arrest in the downtown shooting. This story has been updated to reflect that Dawson is not charged with crimes directly related to the shooting. We regret the error.
The Sacramento Police Department told ABC10 they believe Dandrae Martin was one of the shooters in the downtown mass shooting. The shooting happened along Sacramento's K Street Sunday morning and left six people dead and 12 injured.
Martin appeared for the first time in court Tuesday in connection to the shooting. Instead of being appointed a public defender, a private lawyer stepped in to temporarily represent him on behalf of conflict criminal defenders. It’s a panel of attorneys that take cases when the public defender’s office declares an overload. Generally, it means the office doesn't have enough defenders to take the case on.
Linda Parisi, of Wing & Parisi, said her client's case was continued to Apr. 26, noting that they didn't have any police reports to work with at this time.
“This is (an) extremely serious circumstance, so we need to get the police reports, see what the evidence is, to figure out what to do and how to properly handle the cases,” she said.
Parisi also described Martin as being somber and serious as he was advised of his charges.
“In order to properly represent someone, you have to look at all of that evidence to see what can they prove. Can they support the charges? Because as we know, Mr. Martin, as well as every person accused of a crime, is presumed to be innocent at this point,” Parisi said.
Police previously announced the arrest of Smiley Martin on Tuesday.
According to a press release from the Sacramento Police Department, Smiley Martin, brother to Dandrae Martin, was one of many taken to an area hospital with gunshot injuries following Sunday's shooting. However, he was "quickly identified as a person of interest and has remained under the supervision of an officer at the hospital while his treatment continues."
Smiley was taken into custody Tuesday morning. However, he's still in the hospital. Once he is healthy enough, police say he will be charged with possession of a firearm by a prohibited person and possession of a machine gun.
Police are also saying Smiley posted a live Facebook video of himself brandishing a handgun hours before the shooting. Authorities are trying to determine whether the weapon seen in the video was used in the shooting, said the official, who was briefed on the investigation but could not discuss details publicly and spoke to AP on condition of anonymity.
Investigators believe the brothers possessed stolen guns and are working to review financial documents, call records and social media messages to determine how and when they procured weapons, the official said.
Videos sent to ABC10 by viewers appear to show one of the victims, Joshua Hoye-Lucchesi, with Dandrae and Smiley Martin just hours before the shooting.
The video appears to show Hoye-Lucchesi and Smiley Martin dancing and waving guns on Facebook. Based on a time stamp on the video, ABC10 believes this was recorded the night of the shooting.
ABC10 asked Sacramento Police Department to confirm if the video indeed shows the Martin brothers and Hoye-Lucchesi, but police will not confirm that at this time.
At this time, police are asking for the public's patience during the investigation as rumors circulate.
"It's a very complex investigation. We're still learning what everybody's roles were in the incident itself," said Sgt. Zach Eaton, police spokesperson.
Dandrae Martin was arrested on suspicion of assault and illegal firearm possession on Monday. Neither brother has been charged with homicide.
Authorities have also searched several locations in connection with the shooting and the firearms investigation.
Four of those wounded in the mass shooting suffered critical injuries, the Sacramento Fire Department has said. At least seven of the victims had been released from hospitals by Monday and two patients were still hospitalized at UC Davis Medical Center on Tuesday, according to spokesperson Tricia Tomiyoshi. She did not disclose their conditions.
The Sacramento County coroner identified the women killed as Johntaya Alexander, 21; Melinda Davis, 57; and Yamile Martinez-Andrade, 21. The three men were Sergio Harris, 38; Joshua Hoye-Lucchesi, 32; and De’vazia Turner, 29.
READ MORE ABOUT SUNDAY'S SHOOTING ON ABC10:
- Downtown Sacramento Shooting | Remembering the victims
- Remembering Melinda Davis: Sacramento shooting victim was unhoused
- Remembering De’vazia Turner: Sacramento shooting victim leaves 'legacy with his children'
- Playing for victims and his community, a K Street tuba player is using music to help his city heal
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