D’Maughn Moore, 24, allegedly shot at a car while driving by a home Nov. 28 on Kenwood Avenue in Dayton, prosecutors said.
David Blane, 30, was in the car with his infant child and another man at the time of the shooting. Both men were shot and Blane was killed, prosecutors said.
The other man in the car, who had a valid concealed carry permit, returned fire on Moore but did not hit him.
Moore allegedly crashed his car before fleeing the scene, prosecutors said.
Moore is facing two counts of murder and five counts of felonious assault, prosecutors said.
First Report
One of two men shot Thursday afternoon, one who had been holding a baby in a carrier on a Dayton street, died of his injuries.
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Witnesses called 911 to report what they saw and heard in the 200 block of Kenwood Avenue around 3:45 p.m. Thanksgiving Day.
Police cordoned off the area where a sport-utility vehicle was flipped over on its side in the middle of the street. Officers placed markers on the sidewalk, apparently where spent shell casings were found, as well as processing the SUV and a blue pickup truck that were inside the yellow caution tape.
David A. Blane, 30, and 32-year-old Brian Murphy were taken to Miami Valley Hospital.
Blane died shortly after he arrived, according to the Montgomery County Coroner’s Office.
Murphy was still a patient at Miami Valley on Friday afternoon. The hospital reported he was in fair condition as of Nov. 30.
Witnesses who called 911 reported hearing 10 to 12 gunshots. The witnesses saw people running from the scene, including a man dressed in black who was headed north toward Kenilworth Avenue.
“There’s a man lying on the ground. I just heard about 10 or 12 gunshots. There’s a car on its side. I don’t know what’s going on,” one caller told the emergency dispatcher.
The caller told the dispatcher the man on the ground had a baby with him.
“He was carrying a little baby carrier … somebody is coming to get the baby,” the caller reported.
The 911 caller told the Dayton Daily News on Friday that a relative took the baby to the safety of a nearby home.
Dayton police confirmed at the scene that the baby was not harmed in the double shooting.