Two accused in Dove Drive shooting see charges upgraded to first-degree murder
COLUMBIA, Mo. (KMIZ)
Two Columbia men who were charged with second-degree murder in a 2023 fatal shooting on Dove Drive had their charges upgraded after a superseding indictment was filed on Friday.
Ja’Shaun Barney, 19, is now charged with first-degree murder, armed criminal action, unlawful use of a weapon and first-degree tampering with a motor vehicle. He is being held at the Boone County Jail without bond. An arraignment is scheduled for 8:30 a.m. Monday at the Boone County Courthouse.
Bryton Allen, 20, is charged with first-degree murder, two counts of armed criminal action, unlawful use of a weapon, first-degree tampering with a motor vehicle and illegal gun possession.
Allen has a hearing scheduled for 8:30 a.m. Monday at the Boone County Courthouse. He is being held at the South Central Correctional Center, according to Missouri Department of Corrections records, after he was sentenced to four years in prison on Nov. 27 for another case. He pleaded guilty to resisting arrest in 2021 and was initially sentenced to probation.
Barney and Allen were previously charged with second-degree murder, armed criminal action and unlawful use of a weapon. Barney and Allen were two of several people charged in the shooting death of Deshon Joseph Houston, 33, who was found dead outside of a home in the 3200 block of Dove Drive on June 26, 2023.
Police are still looking for three men, who are also charged with second-degree murder, unlawful use of a weapon and armed criminal action:
- Alqueze Jones, 19
- Deljuan Turner, 19
- Deazes Turner, 21
Warrants for their arrests were issued July 7, 2023, and no bond was set.
Police previously arrested Jajuan Crockett, 22, and Damarkus Williams, 19, both of Columbia, in connection with the homicide investigation. Both were charged with second-degree murder, unlawful use of a weapon and armed criminal action.
Crockett has a hearing at 9 a.m. Friday, June 7. He is being held at South Central Correctional Center, according to Missouri Department of Corrections records.
His probation was revoked in another case and he was sentenced to six years in prison on Dec. 29. He pleaded in 2021 to drug possession and was initially sentenced to probation. In another case, he pleaded guilty to stealing and was sentenced to probation. His probation was revoked in November and he was sentenced to four years.
Williams is being held at the Boone County Jail without bond. He has a hearing scheduled for 8:30 a.m. Monday.
According to previous reporting, Columbia police responded to a home in the 3200 block of Dove Drive around 4:30 p.m. Monday, June 26 for a call of shots fired, where they found a man dead, later identified as Houston. Police then responded to a second scene in the 3800 block of West Gibbs Street near Interstate 70 Drive Northwest that they said was connected to the Dove Drive scene.
Allen was one of the men accused of shooting from two vehicles, a white Ford Explorer and a gold Acura, when Houston was shot in the head, according to court documents. The vehicles sped away from the scene after the shooting and the Ford Explorer, which had allegedly been stolen, crashed.
According to previous reporting, witnesses described people shooting from the SUV and someone standing up in the Acura's sunroof and firing a gun. Police believe Crockett was in the SUV and Williams was in the Acura.
Former Cole County Prosecutor Bill Tackett said it isn't unusual for prosecutors to upgrade charges.
"Experienced prosecutors often times charge down, like murder second (degree) until all the evidence comes in," Tackett said. "They may know that it's probably going to be murder one, but they can wait and you can always charge up."
Tackett said prosecutors will usually start out with the lower charge because it's more difficult to lower a charge, rather than upgrade one.
Boone County Prosecutor Roger Johnson said he could not speak about the specifics of the case. He said the investigation remains ongoing until a trial takes place, allowing prosecutors to amend charges at any point based on a variety of investigative leads and evidence.
Tackett said it is likely Allen and Barney were likely charged based off of evidence, such as texts messages and phone logs, as well as a personal statement or the statement from another person. He said it also isn't uncommon for codefendants to turn on one another over time.
"I mean, that's what typically happens," Tackett said. "And then, the codefendant is corroborated because you have to do that ... if one of them says 'he's the one that pulled the trigger' there has to be some circumstantial evidence that supports that."
Tackett said it isn't abnormal for charges to be upgraded nearly a year into an investigation, adding that there is no statute of limitations on murder beyond public policy.
He said the only thing that warrants a prosecutor to upgrade a charge from second-degree murder to first is whether or not the crime was premeditated.
"However slight...the jury instructions don't define premeditation as some great length of time," Tackett said. "It can be slight, as long as a jury can find that you were premeditated in your actions in killing another human."
In April, the U.S. Marshals Service offered a $3,000 reward for information that leads to an arrest in the case. ABC 17 News reached out to the office via email, who said they have received some tips.
"The USMS has received some anonymous tips about this case but there is no further detail to be shared publicly at this time," the statement reads. "We will coordinate a press release with Columbia PD at the appropriate time when we have info we can share with the community."
Columbia Police Department spokeswoman Jenny Hopper told ABC 17 news she is unable to release further information, citing the ongoing investigation into the case.