Brothers indicted on murder charges related to deadly shooting that killed 2 men

DAYTON — The Montgomery County Grand Jury has indicted both men arrested in connection to a January 4 shooting that killed two men in Dayton.

Brothers Derek E. Shaw Sr., 54, and Darryl F. Cleary, 57, were both indicted for four counts of murder, seven counts of felonious assault, one count of discharge of a firearm on or near prohibited premises and one count of tampering with evidence.

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Shaw was also indicted on one count of having weapons while under disability because of a prior drug conviction, according to Prosecuting Attorney Mat Heck, Jr.

The charges are related to the shooting deaths of Darryl Dean, 62, and Marty Powers, 29, in the 600 block of Randolph Street.

News Center 7 previously reported that police said Cleary admitted to shooting Powers after Powers hit Cleary in the face.

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Court records showed that Dean was at the bottom of the stairs at the time of the shooting. The affidavit showed Shaw then exited the house and began shooting at Dean, who was getting into the driver’s seat of his car.

A third shooting victim was located inside the residence. That man was transported to an area hospital and survived his injuries.

Both Shaw and Cleary are in custody in the Montgomery County Jail. They are scheduled to be arraigned January 20 at 8:30 a.m.