SACRAMENTO, Calif. — After being extradited from Las Vegas, 28-year-old Mtula Payton was arraigned in court Thursday in connection to the K Street shootout. His attorney set up expectations that Payton might have grounds to claim self-defense.
The judge read out several charges including murder, illegal firearms possession and fraud.
Payton appeared relaxed with his hands crossed behind his back as he leaned against the bars. At one point, he glanced behind him to the row of TV cameras.
Michael Wise, his attorney, is in the process of getting retained. He described Payton as remorseful, scared and overwhelmed.
As a felon, Payton was not allowed to have a firearm, but his lawyer said there’s precedent for him to argue self-defense. Wise said, based on his initial understanding of the case, Payton could walk away free of murder charges.
“He’s scared, he’s terrified, (and) he’s tired. He's a little bit overwhelmed based on my initial conversations with him," Wise said.
Payton was on the run for two months after the K Street shootout that killed 6 and injured 12. He was arrested in Las Vegas two weeks ago and extradited to Sacramento.
"Just because somebody runs away doesn’t mean they’re guilty. They could also just be scared, right?" Wise said.
Wise points to the 2010 shooting at an Arden Arcade barbershop that killed a 30-year-old mother, Monique Nelson. After a three year trial, all the defendants were found guilty except Wise’s client, Larry Jones. He was acquitted, arguing self-defense.
“Self-defense cases are extraordinary in the sense that you're admittedly in the mix of whatever happens in the underlying incident, but your conduct is justified, so that appears to me to maybe also apply in this case,” Wise said.
Wise said his client was friendly with the other defendants in the shootout, the Martin brothers, and had no bad blood with anyone involved.
In addition to charges surrounding the shooting, Payton is also facing fraud charges. ABC10 found he collected over $36,000 in small business COVID-relief money in 2021, including one payout for a barbershop and another as a lawn and garden contractor. Payton does not appear in any barber or contractor license databases from the state.
Payton and the Martin brothers are all facing murder charges and are scheduled to appear in court June 21, Wise said.
The K Street shooting victims were identified as Johntaya Alexander, 21; Melinda Davis, 57; Yamile Martinez-Andrade, 21; Sergio Harris, 38; Joshua Hoye-Lucchesi, 32; and De’vazia Turner, 29.
Documents filed April 15 by Sacramento County District Attorney’s office show that Hoye-Lucchesi, Harris, and Turner were affiliated with gangs.
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