Trial for K Street mass shooting in Sacramento postponed until after June. Here’s why

The trial for the worst mass shooting in Sacramento’s history will begin at the latest in the latter half of 2025 as defense attorneys seek to move the trial outside of Sacramento County.

Defense attorneys in high-profile cases often file a motion seeking to change the county where the case is tried if they believe their clients cannot receive a fair trial.

“Given the massive amount of media attention, I think it would be an ineffective assistance of counsel,” to not pursue a motion seeking to change the venue, said defense attorney Linda Parisi, representing a defendant in the April 3, 2022 mass shooting on K Street.

Defendants Dandrae Martin, 29, and Mtula Payton, 30, are accused of being among rival gang members who squared off on 10th and K streets as gun fire killed six people and injured 12.

The Sacramento County District Attorney’s Office charged Martin and Payton each with three counts of murder for the shooting deaths of innocent bystanders Yamile Martinez, 21; Johntaya Alexander, 21; and Melinda Davis, 57. Three others who died, Joshua Hoye-Lucchessi, 32, Sergio Harris, 38, and Devazia Tuner, 29, were involved in the gunfight, prosecutors have said.

Martin’s brother, Smiley Martin, was also charged in the shooting. Martin, 29, died in the downtown Sacramento County Main Jail in early June and had his charges dropped against him.

Numerous videos and photos proliferated across social media in the aftermath of the shooting, even prompting the Sacramento Police Department to request the public to submit evidence they may have captured.

Parisi, said she has retained experts who are conducting an “extensive and technical” analysis of the “massive amount of media” capturing the shooting. A survey firm will draw up questions to ask of Sacramento residents to determine if there is prejudice among prospective jurors.

The process to collect residents’ responses has been delayed because many feel fatigue over constantly being questioned in polls pushed out during an election season, she said.

“They cannot get answers on the surveys because people are weary of doing that,” she said.

Parisi anticipates attorneys will argue the motion requesting a change in venue in June.

Sacramento Superior Court Judge Maryanne Gillard also noted she is retiring June 27. The judge who will preside over the trial should hear the arguments about the motion, she said.

Attorneys are expected to return Feb. 24 where are another judge could be assigned to this case, Gillard said.