SACRAMENTO, Calif — The three suspects in the deadly K Street shooting appeared in court Wednesday as a preliminary hearing continues.
The preliminary hearing began in January and will determine if there's enough evidence for this case to go to trial.
Suspects Mtula Payton, Smiley Martin and Dandrae Martin face murder charges in connection to the deadly shooting two years ago that left 12 people wounded and six dead.
The shootout was gang-related, according to Sacramento Police.
38-year-old Sergio Harris was one of the six people killed that night. His cousin, Ike Harris, was called to the stand to testify. He was with his cousin downtown on the night of the shooting, but when asked questions by defense attorneys, he largely could not recall the events that happened, saying he got information second hand from social media.
“I don’t know what happened. The real truth is that I just know the aftermath,” Ike Harris said. “My memory of that night was the traumatic parts only for the most part. I remember holding my cousin, I remember him taking his last breath, when I thought he was breathing, but it was his last breath. I remember doing CPR.“
The prosecution and defense also showed surveillance video of the moments that led up to the shooting. The video shows crowds dispersing just before 2 a.m., around the time Ike Harris said he saw someone holding up what appeared to be a gun.
Some family members of those killed in the shooting were in the courtroom, wearing shirts with photographs of their loved ones. John Alexander was one of them. He is the father of 21-year-old Johntaya Alexander.
"She was just here to have a good time with her sister, and unfortunately, that good time turned to tragedy and I miss my daughter dearly," he said.
He and others gathered with local organizations Empact and IAMSAC Foundation to remember the lives lost on April 3, 2022 and speak out about gun violence.
"This is a moment of trauma that these families have to endure every day of their life," said Leia Schenk, with Empact.
The wife of Sergio Harris, Leticia, was also there. She spoke at a news conference outside of the courthouse.
"I just want to make it clear that my husband was a victim of this tragedy, and it's deeply distressing to see him portrayed in any other light. The focus should be on bringing those responsible for this heinous act to justice instead of blaming the victims,” Leticia Harris said.
In September, the Sacramento County District Attorney's Office said they won't seek the death penalty for the three suspects, instead seeking life imprisonment without the possibility of parole.
The preliminary hearing is expected to continue Thursday morning and on April 8. Additional testimony is scheduled for August 16, 23 and 30 as well, according to Sacramento County Superior Court.
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