SACRAMENTO (KTXL) — Murder charges were filed for all three currently identified suspects from the K Street shooting in downtown Sacramento, Sacramento County District Attorney Anne Marie Schubert said in a press conference Tuesday. 

Schubert said Dandrae Martin, Smiley Martin and Mtula Payton are each charged with three counts of murder for the deaths of Johntaya Alexander, Melinda Davis and Yamile Martinez-Andrade. According to the district attorney’s office, Alexander, Davis and Martinez-Andrae are considered innocent bystanders in a shooting allegedly between two rival gangs. 

When asked why no other charges for the other 12 people shot, Schubert replied, “this involves more investigation and decisions will be made accordingly.” 

No murder charges were filed in connection with the deaths of the other three victims, DeVazia Turner, Sergio Harris and Joshua Hoye-Lucchesi.

When asked about why charges weren’t filed for the deaths of Turner, Harris and Hoyle-Lucchesi, Schubert cited a California law, People vs. Sanchez, saying, “when individuals are involved in a gun battle and they kill innocent bystanders, all participants in that gun battle are responsible for the deaths of the innocent bystanders.” 

Schubert also announced that all three suspects face enhancements related to the use of a weapon that causes a death, and that additional charges were filed against Payton related to Economic Development Department fraud of $45,000 between July 2020, while he was in prison, and August 2020.  

Schubert also mentioned that Payton was out on bail for gun possession as a convicted felon at the time of the shooting, and that Turner was a co-defendant in the case.

The Martin brothers are in custody while Sacramento police are currently looking for Payton. 

During the press conference, Sacramento Police Chief Katherine Lester said more than 40 detectives were involved at the start of the investigation and that 12 of them are currently investigating the case full time. 

Over 100 shell casings were recovered, and investigators have mentioned that at least five shooters were involved, according to Lester.