Brothers indicted on more than a dozen charges in double murder in Dayton

A Montgomery County grand jury indicted two brothers Friday on more than a dozen charges in the deadly shooting of two other men in Dayton early this year.

Derek Edwards Shaw Sr., 54, and Darryl Fitzgerald Cleary, 57, and Derek Edwards Shaw Sr., 54, both of Dayton, are facing four counts of murder, seven counts of felonious assault and one count each of discharging a firearm on or near a prohibited premise and tampering with evidence, according to a grand jury report. Shaw also was indicted on one count of having a weapon while under disability.

Credit: Montgomery County Jail

Credit: Montgomery County Jail

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The pair were indicted in the deaths of 62-year-old Darryl Dean and 29-year-old Marty Powers, according to court records.

Dayton police responded Jan. 4 to the apartment shared by Cleary and Shaw on Randolph Street between Lakeview Avenue and McCall Street on a reported shooting. Officers found Dean deceased outside the building and Powers deceased inside, according to the Montgomery County Prosecutor’s Office. A third shooting victim, who survived, also was found inside.

“The initial indication is that it is a disagreement about money and property that tragically escalated into guns fired,” Lt. Jason Hall said during a media briefing earlier this month.

Cleary told officers Powers hit him in the face and the two started fighting over a gun on the floor, according to Dayton Municipal Court records. Cleary reportedly got the gun and shot Powers as Powers was running away.

“Cleary stated he shot him because he thought that Powers was going to come back with people,” an affidavit read.

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Dean was standing at the bottom of the stairs when the shooting began and left the building and got into his parked car. Shaw went outside and started shooting at Dean, according to court documents.

“Dean runs from his vehicle and is chased down by Shaw,” the affidavit read. “Shaw shoots Dean in the back of the neck, killing Dean.”

Shaw also shot and wounded a third person inside prior to shooting Dean, according to court documents.

Cleary and Shaw remain in the Montgomery County Jail and are scheduled to be arraigned Thursday.

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