2 defendants in Lexington gang shooting case want to withdraw their guilty pleas
Four men were scheduled to be sentenced Wednesday after they pleaded guilty in a deadly shooting that prosecutors say was a gang retaliation, but two defendants have asked to withdraw their guilty pleas.
De’Shaun Armor, Sevion Mitchell, and Kenneth Jakobe Jackson were passengers in a vehicle driven by John Boulder IV all pleaded guilty to reduced charges in April 2022 for the deaths of two 18-year-olds.
The four men were charged with two counts of murder and other offenses in 2019 following a shooting that left Dwayne Slaughter and Darrian Webb dead. Prosecutors wrote in court records that the shooting was retaliatory.
According to court documents, a Lexington gang planned to harm the two 18-year-olds because they were believed to have made “disparaging remarks” about another dead gang member.
Moments before Wednesday’s hearing was to begin, two men – Mitchell and Boulder – submitted requests to withdraw their guilty pleas.
In addition, Armor was unable to attend the hearing due to COVID-19 protocols at the Fayette County Detention Center where he is detained.
“There are complications related to this case, one being COVID,” said Judge Travis Thomas. “As the court has been made aware, there have been motions made for withdrawal of guilty pleas for both John Boulder and Sevion Mitchell. As a consequence of these developments, we will not be able to move forward with final sentencing at this time.”
An additional hearing was scheduled for July 26 at 8:30 a.m. to discuss the motions to withdraw. Final sentencing with all four defendants was postponed until August 25 at 2 p.m.
According to court documents, victim impact statements were prepared by the father of Slaughter, and his mother was present in court to give a verbal statement. Webb’s father also attended the mediation and wished to the address the court in person at the sentencing.
Charges amended down as part of plea deal
Armor and Jackson were originally charged with two counts of murder, first-degree assault, first-degree criminal mischief, tampering with physical evidence and first-degree wanton endangerment.
As part of a plea agreement, Armor’s murder charges were amended to two counts of second-degree manslaughter, with the other charges being dismissed.
Jackson accepted a plea deal but entered an “Alford Plea,” meaning he doesn’t admit guilt but agrees there is enough evidence that a jury could find him guilty. Because of this agreement, his murder charges were also amended down to two counts of second-degree manslaughter. The remaining charges were dismissed.
Mitchell was originally charged with two counts of murder, first-degree assault, first-degree criminal mischief, tampering with physical evidence, and two counts of first-degree wanton endangerment. His charges were also amended to two counts of second-degree manslaughter and the others were dismissed.
Boulder, the driver, was charged with tampering with physical evidence, first-degree facilitation of assault, first-degree facilitation of wanton endangerment, first-degree facilitation of criminal mischief, and two counts of facilitation of murder. As part of his plea deal, he was only convicted for the two charges of facilitation of murder.
According to a sentencing memorandum filed on June 3, Boulder, Jackson and Mitchell entered these guilty pleas with a recommended sentence of seven years for each count of manslaughter. Boulder entered the plea with a recommended sentence of five years on count one and two years for count two.
Additional details in the document disclose Armor was indicted for additional charges of tampering with physical evidence related to the shooting. He pleaded guilty for that too and it carries a sentence of one year. A charge of fleeing or evading police was also included with a sentence of 12 months.
When the police attempted to apprehend Armor, he admitted to police he was going to destroy the car used in the shooting in order to conceal evidence to the police.
Boulder also faces charges in separate cases: he’s facing charges of murder, first-degree robbery, first-degree assault and evidence tampering in a separate event that took place two months after the fatal shooting in December 2019.
Murder related to gang activity, prosecutors say
Boulder, Mitchell and Jackson are among the 14 people who have been indicted and related to an organized crime case, according to court records. Armor has not been criminally connected to the gang.
Those who are considered “validated members” in the gang are believed to be involved in drug trafficking and violent crime, according to court records.
On Oct. 19, 2019, Armor, Mitchell, Jackson and Boulder IV pulled up behind a vehicle at the intersection of Winchester Road and Seventh Street. According to court records, the two victims were inside.
Armor, Mitchell and Jackson were all armed, court records state. The suspects opened fire and 37 shots were confirmed to have been fired which left Slaughter and Webb dead, according to court documents. A third person in the vehicle was only injured, but later died in an unrelated incident.
Court records indicate investigators spoke with a “cooperating individual” who accused all four defendants of being involved in a gang. The confidential person told investigators that the four defendants were at a gang meeting on the day of the shooting and Armor, Mitchell and Jackson were given handguns with instructions to retaliate if they saw the victims.
The four men are said to have left the Lexington apartment in a stolen vehicle and saw the victims on Winchester Road and opened fire, prosecutors said previously.
Following the shooting, prosecutors stated the gang members disassembled the guns, cleaned them and shipped them out of the state.
This story was originally published June 15, 2022 at 10:21 AM.
