A Lynchburg man previously convicted of four felonies in a December 2019 robbery and homicide case will no longer serve jail time after a judge dismissed three of those counts on Wednesday.
Dakota Daquan Scott, 28, pleaded no contest in Lynchburg Circuit Court in February to robbery, use of a firearm in the commission of a felony and conspiracy to commit robbery.
Following a March mistrial in Devon Corleogne Bailey, a Lynchburg teenager charged with murder on December 28, 2019, the shooting death of Darius Saunders Jr., 31, the Lynchburg Commonwealth attorney , Bethany Harrison, said the Commonwealth was down. the three charges against Scott.
On a remaining count of attempting to receive a stolen firearm, Judge F. Patrick Yeatts sentenced Scott to a five-year suspended sentence and ordered 18 months probation.
Scott served five and a half months on the charges, Harrison said. The Commonwealth is not asking for any additional incarceration, she said.
People also read…
Scott testified as a Commonwealth witness at Bailey’s trial in March. After more than seven hours of deliberation, the jury acquitted Bailey of robbery and use of a firearm in the commission of a robbery. A mistrial was declared on the murder count after jurors failed to reach a unanimous verdict. Bailey, who court records say will turn 18 on June 23, has maintained his innocence and did not testify at trial.
Court records show Bailey is now charged with second degree murder and use of a firearm in the commission of a felony. A jury trial is scheduled for August 8 in Lynchburg Circuit Court.
The jury deciding to acquit Bailey of robbery factored into the decision to drop all three charges against Scott, according to Harrison.
Responding to a call around 8 p.m. on the evening of Saunders’ death, police arrived to find Bailey, 15 at the time, in the middle of the intersection of Maple and Hazel streets with a gunshot wound to his left arm. He was escorted to the hospital, where officers received a cell phone belonging to him.
At the scene, officers discovered a trail of blood that began where Bailey was found and brought back to a duplex in the 600 block of Gum Street. Inside the apartment, officers found Saunders dead from a gunshot wound to the chest with several cell phones and a bag of marijuana near him, according to evidence from Bailey’s trial.
Consistent with the blood trail, officers found a Smith & Wesson .38 Special in the 700 block of Franklin Street with two bullets intact and two spent cartridge cases, Harrison said in previous court proceedings.
Officers executed a search warrant on the teenager’s recovered phone and found conversations on Facebook Messenger between two users – who Scott later admitted was him, and another who prosecutors said was the teenager – creating an opportunity for Scott to purchase a weapon that would be delivered by the other user’s “little brother…wearing a gray jacket”, Harrison said.
After police arrested Bailey that night, police executed a search warrant at Scott’s home, where he was at the time. They brought him to the department for an interview, where Scott denied knowing the teenager.
Scott said he had discussions about buying a gun and planned to sell the gun in New York. When Bailey arrived with the gun, Scott planned to give him “fake cocaine”, but Bailey said he wanted marijuana instead, which Scott did not have, according to Harrison’s evidence. The teenager said he would “hit a lick” for marijuana, which an officer says is slang for robbery.
According to Harrison, Scott knew Saunders was selling marijuana and living on the streets, prompting Scott to text Saunders asking if he was home and had marijuana on him.
Scott told officers that Bailey had thrown the gun Scott was to buy into bushes around his house, and they walked down Hazel Street to where Scott could point out Saunders’ residence. Scott heard a “loud bang” after Bailey entered the residence, according to Harrison.
Scott told officers he ran home on Maple Street, where he saw Bailey return about 15 minutes later and discovered the teenager had been shot in the arm.
Harrison said during Scott’s interview at the police station that he said he knew Saunders, he believes the latter shot Bailey. Scott then said he believed the teenager hit back at Saunders. Scott also said he was unaware that Bailey had another gun on him.
According to Harrison, the projectiles found in Saunders’ body, as well as the projectile found in his apartment, both matched a bullet from a Smith & Wesson .38.
During Scott’s sentencing, Yeatts also ordered that he have no further contact with Bailey or any other street gang member he knows.