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Published: Wednesday, May 10, 2017 @ 5:22 PM
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.
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.
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.
“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.”
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.