Man charged with murder after death of 1 victim in shooting near Tolly-Ho

Dynell A. Stewart
Dynell A. Stewart

Murder has been added to charges against a Frankfort man after one of two victims of a Lexington shooting died Monday night, police said Tuesday.

Dynell A. Stewart II, 21, of Frankfort also was charged with assault and one count of wanton endangerment, Lexington police said.

The murder charge will replace one of two counts of assault initially filed against Stewart, who was arrested Monday, Lt. Wallace Hays said during a Tuesday news conference.

Allen M. Smith, 23, of Lexington, was pronounced dead at 5:55 p.m. Monday at the University of Kentucky Chandler Hospital, the Fayette County coroner's office said in a release Tuesday.

According to a preliminary autopsy, Smith died of "gunshot-related injuries." A final autopsy will be conducted at the State Medical Examiner's office in Frankfort.

Hays said the second victim was in serious condition with injuries that were not life-threatening. Police have not identified the second victim.

According to witness statements, the men were shot Sunday while riding in a vehicle on Bolivar Avenue near Tolly-Ho Restaurant on South Broadway, Lexington police said. A man riding in the backseat was not injured.

At about 2:40 a.m., officers were called to the area of 606 South Broadway on a report of shots fired. Minutes later, officers were alerted to two gunshot victims at St. Joseph Hospital. One of the victims drove the car to St. Joseph, police have said.

The victims were transferred to UK Hospital.

The shots fired came from another vehicle occupied by more than one person, Hays said.

Police do not know what provoked the shooting, Hays said. "We don't really have a specific motive at this point," Hays said.

But Hays said he would not call it a random shooting.

"I perceive it as an encounter of some sort," Hays said. "What elevated it to the point it did, I'm not sure at this point."

Stewart was taken to the Franklin County jail. The arrest was made with the cooperation of the Frankfort Police Department.

Can you help?

Anyone with additional information about the case was encouraged to notify police at (859) 258-3600 or (859) 258-3700. Bluegrass Crime Stoppers can be contacted at (859) 253-2020.

People can submit tips by text. Simply text "tips2020" plus a message to CRIMES (274637). Information can be submitted by logging onto

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