Murder hearing testimony paints picture of violence related to gang

A teen was bound over for trial for murder as a youthful offender for the June 4 shooting death of a Lawton man.

Testimony Friday showed the death of Sir Daniel Smith, 23, was due to a gang-related diss, or disrespect, and offered an insight into the world of gang-related violence.

Charges upgraded

A preliminary hearing held in Comanche County Special District Judge Susan Zwaan’s court was to determine if Dwayne Smith Jr., 15, would stand trial for a felony charge of use of a vehicle in the discharge of a weapon.

Following testimony from two other teens charged with him, District Attorney Kyle Cabelka amended the charge to first-degree murder or in the alternate, felony first-degree murder.

Despite a plea by Dwayne Smith’s attorney, Irven Box, of Oklahoma City, to strike the murder charge request, Zwaan bound his client over for adjudication on both counts. He will be arraigned in the coming weeks.

Teens accused of roles in homicide

Dwayne Smith; Demontez Mountain, 17; Prince Kenneth Larry Krushall, 15; and Curtis Pelham Jr., 15; were charged in Comanche County District Court on youthful offender charges of use of vehicle in the discharge of a weapon, due to the violent nature of the crime.

Dwayne Smith was shot and killed around 7 p.m. June 4 in the 1100 block of Northwest Smith Avenue after being seen talking with people inside a gray SUV. Moments later, a flurry of gunshots rang out and the unarmed man was found lying on the ground suffering from multiple gunshot wounds. He was taken to a local hospital where he was pronounced dead.

A neighbor’s security camera and security video from a nearby convenience store captured video of the vehicle driving away.

Friday’s testimony

Mountain and Krushall testified Friday to the events leading up to the shooting. Mountain told of Dwayne Smith picking him up in the gray SUV that day and of showing him his gun, a 9mm Glock. Mountain was armed with a silver Jimenez Arms 9mm his brother had given him.

They picked up Krushall, who then drove while Dwayne Smith sat in the passenger seat. They went to a friend’s house where they smoked marijuana. Next, he said, they went to pick up Pelham, known as “C.J.” Mountain said he was armed with a 9mm Glock. They picked up another teen, Elijah Smith, in Cache and he took over driving. He was armed with a Glock 9mm as was another teen identified as “J-5”, according to testimony.

Dwayne Smith’s Glock and Elijah Smith’s AR-15 each had switches that made them fully-automatic and were outfitted with extended magazines, Mountain testified. Cabelka asked the teen how he knew the weaponry so definitely.

“I know a lot about guns,” Mountain replied.

Gang connection to second murder

Krushall testified he drove the crew back to Lawton. They ended up at De’Juan Shannon’s apartment where they stood outside and smoked marijuana.

Shannon, 20, is a member of “The 5” as were all the teens except for Mountain, according to investigators. He was charged Aug. 19 with first-degree murder for the Aug. 13 shooting death of Daveon J. Smith over another reported “diss.”

While at the apartment, Mountain testified, a Lawton Police unit drove by and “threw up a “5” out the window,” signifying he recognized the teens as members of the Blood street gang set called “The 5.” Mountain called it a “clique.” He denied being a member.

“I’m not,” he said, “but everybody else is.”

When another police unit passed by, Mountain said he put everyone’s guns inside the SUV. When they got in the small SUV to leave, he couldn’t find his gun and he said he and “J-5” got into a fight before shaking hands. They went to another friend’s house for a moment while “J-5” went inside and after he returned, they left.

Moments before gunfire

Krushall testified they were on their way to pick up cigars to roll marijuana blunts when they turned onto Fort Sill Boulevard. Leaving the Stripes convenience store was Sir Daniel Smith and another man walking toward Smith Avenue. Mountain, who was seated in the SUV cargo hold said he couldn’t see where “Elijah” was driving. Someone said, “There go that one Hoover (Crip),” and they pulled up to him.

Mountain referred to Sir Daniel Smith as “S-Man” and said he was “cool” with his brother. He testified he didn’t know there was a beef between “The 5” and the Hoover Crips.

Sir Daniel Smith walked up to the driver’s side window and “J-5” asked him, “What up with that 5K?,” according to Mountain. Cabelka asked what that meant and the teen replied with, “He was dissin’ 5.” When Sir Daniel Smith denied dissing the gang, Mountain explained, “J-5” said, “Yes you did,” before he started shooting along with Pelham and Smith.

Krushall testified to being in the driver’s side back seat when events unfolded. He had the AR-15 pistol and was pointing it at Sir Daniel Smith “to scare him,” he said. But when “J-5” fired near his face and out the window, he said he jumped back in the seat to get out of the way. He said Dwayne Smith was shooting from the passenger seat past Elijah Smith who was holding up his phone and recording the incident. He said he saw the first bullet strike Sir Daniel Smith in the chest. He thought he heard around 30 shots fired before they fled.

Mountain testified to what he said as they fled: “I think y’all killed him.”

The aftermath

Elijah Smith drove them back to Cache where he got out at his home. Krushall said he returned to the driver’s seat; there was little conversation: “It was a silent car drive.”

They stopped at a friend’s house, dropped Pelham who took his gun before going to “J-5’s” home. They all got out and, according to Mountain and Krushall, Dwayne Smith and “J-5” washed their hands with alcohol to remove any gunpowder residue.

Krushall, Dwayne Smith and Mountain left and were driving on West Lee Boulevard when Lawton police got behind them to make a traffic stop. They fled on foot but were taken into custody quickly.

Following the evidence

Detective Clay Houseman said he interviewed Mountain six times following his arrest; Krushall was interviewed once after asking for a lawyer. Dwayne Smith said nothing to the detective.

The detective said 9mm shell casings recovered at the murder scene matched ones found inside the SUV. None were found in the cargo area where Mountain was sitting. All casings were fired from Glock 9mm handguns, according to the Oklahoma State Bureau of Investigation’s forensic unit.

“We haven’t found the suspect weapons,” he testified.

Coverup gives way

to testimony

Mountain admitted not initially telling investigators the full story at first: “I didn’t want anyone to get caught up.”

Mountain and Krushall testified they’d made no deals with the District Attorney for testimony but admitted they hoped to not face murder charges.

Following the hearing, Zwaan approved a bond reduction for Mountain and Krushall to $5,000 each with the stipulation they wear a GPS ankle monitor.

The teen identified as “J-5” has been charged as a juvenile. However, the district attorney told The Constitution his charges will be upped to adult charges soon.

DA’s concerns

Cabelka said “The 5” are on the law enforcement radar due to an uptick of violence, including these two homicides.

“This gang is so reckless and have no consideration for a human life,” he said.