Credit: Montgomery County Jail
Credit: Montgomery County Jail
A jury found Shaw guilty last month of murder, felonious assault and discharge of a firearm on or near prohibited premises in the Jan. 4, 2022, shooting death of 62-year-old Darryl Dean.
He was acquitted of shooting two other men, including 29-year-old Marty Powers, who died, during a robbery at his residence, court documents state.
Shaw’s brother, Darryl Fitzgerald Cleary, was convicted of two counts of voluntary manslaughter and one count of aggravated assault. He has been incarcerated in the Pickaway Correctional Institution, serving a 9- to 12-year sentence with the added three-year gun specification, according to the Ohio Department of Rehabilitation & Correction.
Credit: Ohio Department of Rehabilitation & Correction
Credit: Ohio Department of Rehabilitation & Correction
Dayton police and medics were dispatched at 5 p.m. on a report of a shooting in the 600 block of Randolph Street between Lakeview Avenue and McCall Street.
Cleary told police while inside his apartment that Powers struck him in the face and the two started to fight over a gun on the floor, according to an affidavit filed in Dayton Municipal Court.
“Cleary was able to get the gun and when Powers was running away Cleary shot him. Cleary stated he shot him because he thought that Powers was going to come back with people,” the affidavit stated.
Dean was standing at the bottom of the stairs when the shooting began. He left the building and got into the driver’s seat of his car parked outside when Shaw, who also lived at the apartment, came out and started shooting at Dean, according to the affidavit.
“Dean runs from his vehicle and is chased down by Shaw. Shaw shoots Dean in the back of the neck, killing Dean,” the court record stated.
Dayton police Maj. Jason Hall said previously that the victims and suspects were known to one another.
“The initial indication is that it is a disagreement about money and property that tragically escalated into guns fired,” said Hall, who was a lieutenant at the time of the shooting.
Shaw’s attorney Kevin Lennen asked for the minimum sentence, which he said “would in essence be a life sentence” because of Shaw’s age and health issues.
Prosecutors sought 34 years to life in the case, according to a sentencing memorandum.
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