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breaking news

Dayton man faces federal weapons charge after fatal shooting

Published: Wednesday, May 10, 2017 @ 5:22 PM

            William Martin
William Martin

The Dayton man once accused of murder for a December fatal shooting and now out on bond for federal charges will be arraigned next week.

William Martin, 24, faces a bill of information for knowingly using and carrying a firearm during and in relation to a drug trafficking crime. A potential drug charge from the complaint wasn’t included in the bill.

Martin will be arraigned May 15 in front Judge Walter Rice in Dayton’s U.S. District Court.

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Martin’s attorney said the single count includes the lowest minimum mandatory sentence — five years — of the three levels of that charge. Jon Paul Rion said the bill is part of a possible plea deal.

“We are still in negotiations with the government on this point,” Rion said. “That is a starting point from which to work for the agreement to move in either direction.”

Dayton police said Martin’s shooting of two men — one who died — in a car outside the Roosters Restaurant on North Main Street isn’t classified as justifiable homicide, but said the facts of the case made it “appropriate” for the federal system.

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Dayton police said Leo Montgomery III, 21, died of gunshot wounds and Evon Walker was shot but survived after police say Martin fired at them on Dec. 2, 2016.

A spokeswoman for the Montgomery County Prosecutor’s Office confirmed that Martin’s state case was terminated March 7 without being reviewed by a three-prosecutor panel.

Rion has said Martin could have been the potential victim in the incident.

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“We still view Mr. Martin’s case to be a very unique set of facts,” Rion said. “It does implicate the issue of self-defense, it does implicate the issue of the Constitutional right and the well-established right to defend yourself in various situations. There are issues in the law that we are exploring to see how they would interface with this fact pattern.”

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Federal prosecutors opposed Martin’s release, but Magistrate Judge Sharon Ovington agreed with pretrial services’ recommendation that Martin need not be incarcerated.

Martin moved to Georgia for a job with his uncle’s company. Martin was released on bond, but is on electronic monitoring and required to travel back to Dayton for hearings.