Suspects Indicted in "Gun Battle" that Killed Timothy Dawkins

Imari Williams — Wed, 29 Oct 2014 12:12:40 -0400

Darious Scales and Todd Green pleaded innocent Wednesday for the fatal shooting of Timothy Delonte Dawkins in August 2013.

A year ago, Dawkins was found in the 4200 block of 4th street Southeast lying face down on the walkway with a single gunshot wound to the back.

Scales was not shooting at Dawkins that night, Assistant U.S. Attorney Michael Liebman said, but was involved in a gun fight with Green, who was arrested two days after Dawkins death.

Prosecutors have charged both men under the urban warfare theory, meaning they don't have to prove who fired the fatal shot, but that their actions played a role in the crime committed. The two rivals will be co-defendants.

Scales is charged with second-degree murder while armed, along with assault and weapons charges. For the second time, Green has been indicted with first-degree murder while armed.

Charging documents say video footage showed Green holding and aiming a firearm with an extended clip firing toward Dawkins and Green. During the shooting, an unarmed Dawkins tried to run away, but fell after he was shot. Scales, meanwhile, fired back at Green, and then took off running toward the back of an apartment complex, documents say.

A witness told police that it had seen Scales and Dawkins together that day in a black car, and it saw Scales with a gun. According to charging documents, it had several conflicts with Green, due to it's friendship with Scales. When the witness confided in Scales about the encounters, Scales said, "Don't worry about it. I'm going to handle that," documents state.

Both men are scheduled for a status hearing Dec. 12 at 10:30 a.m. before Judge Robert E. Morin.

A copy of indictment documents are embedded below:

Second Suspect Held in the Death of Timothy Dawkins

Imari Williams — Thu, 11 Sep 2014 20:56:20 -0400

Judge Karen Howze ordered 20-year-old Darious Scales held Thursday on suspicion of second-degree murder while armed in connection to the August 2013 shooting death of Timothy Delonte Dawkins.

By all accounts, Scales wasn't shooting at Dawkins. Charging documents say Scales engaged in a shootout with Todd Green, who was arrested just after Dawkins death a year ago.

Prosecutors appear to be charging both men under urban warfare theory, meaning they don't have to prove who fired the fatal shot. Instead, they must prove that the parties involved:

were armed and ready to fight when a crime took place,
that they engaged in a gun battle,
that they did not act in self-defense,
that their conduct played a role in how the crime unfolded,
and that it was reasonably foreseeable that the death of an innocent bystander could occur during the course of a fight.

The two combatants will now be charged as codefendants for Dawkins' murder.

Police found Dawkins lying face down on the walkway with a single gunshot wound to the back in the 4200 block of 4th street Southeast.

Green was arrested two days after Dawkins' death on suspicion of second-degree murder in connection with the case.

An apartment's surveillance video showed two men appearing to come together and one of the men, later identified as Green, holding a firearm with an extended clip firing toward Dawkins and Scales, according to charging documents.

An unarmed Dawkins attempted to run away, documents say, but fell after he was shot. Scales, meanwhile, fired back at Green, and then escaped by running toward the back of the apartment complex, documents say.

At the time of the shooting, a special police officer spotted Scales running from the area after hearing a gun fire and positively identified Scales in a photograph, documents say.

According to charging documents, the officer stated it had consistent contact with Scales for three years.

Documents say a witness told police that it saw Scales and Dawkins together that day in a 2011 black in color Chrysler, and it saw Scales armed with a gun.

The witness said it had multiple confrontations with Green due to it's friendship with Scales, documents say. When the witness told Scales about the encounters, Scales said, "Don't Worry about it. I'm going to handle that," according to documents.

Scales is scheduled for a preliminary hearing on September 19 before Judge Robert E. Morin.

Charging documents are embedded below:

Darious Antonio Scales | Homicide Watch DC

Suspects Indicted in "Gun Battle" that Killed Timothy Dawkins

Second Suspect Held in the Death of Timothy Dawkins