Sources told CBS News Sacramento that the judge dismissed the first-degree murder counts after jurors were unable to reach a unanimous verdict. The jury has now been instructed to continue deliberating on the lesser charge of second-degree murder.
The trial of Dandrae Martin and Mtula Payton began in April, more than four years after the early morning shooting that left six people dead and 12 others injured in Downtown Sacramento. The April 3, 2022, shooting occurred as crowds were leaving nearby bars and nightclubs, making it the deadliest mass shooting in Sacramento history.
Prosecutors allege the defendants participated in a planned gun battle between rival gangs near the corner of 10th and K streets. According to prosecutors, three bystanders — Johntaya Alexander, Melinda Davis and Yamile Martinez — were killed after being caught in the crossfire. The other victims — Joshua Hoye-Lucchesi, Sergio Harris and De'Vazia Turner — were allegedly involved in the shootout.
A conviction on second-degree murder carries a sentence of 15 years to life in prison.
The Sacramento Superior Court has not yet announced when the jury is expected to return a verdict.
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