Attorneys for Hamilton County men accused in a shooting death four years ago filed a motion to exclude evidence regarding their alleged gang affiliation while state prosecutors are still working to prove such evidence exists.
“I don’t have the gang validation I thought I had,” state prosecutor Austin Scofield said Wednesday of defendant Eric Sims.
Sims, Tyqurerio Malone, Tremaine Dillard and Montrell Franklin are all charged with first-degree murder in connection with the 2020 shooting death of Robert Dowdy, according to an affidavit in their cases.
The four men and their attorneys appeared Wednesday in front of Hamilton County Criminal Court Judge Amanda Dunn to argue several motions, but Scofield requested additional time to “get some things together,” he said.
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Any evidence regarding gang affiliation is irrelevant and contrary to Tennessee statute, attorney Brandon Raulston, who is representing Dillard, said in his motion.
“An oral objection during trial, even if sustained, will likely not relieve the prejudicial effect such evidence will cause,” Raulston said. “Further, a jury instruction is not sufficient to reverse the effects of the prejudice to the defendant.”
The motion will be argued in court next month.
On the afternoon of June 22, 2020, Chattanooga police officers responded to a report of a shooting at 101 W. 38th St., the affidavit states.
Dowdy was found with a gunshot wound to the chest, the affidavit states. He was transported to Erlanger hospital, where he later died. Brandon Rakestraw was also found with a life-threatening gunshot wound to the pelvis, but he survived.
Video footage showed a silver Nissan Rogue with a broken or missing windshield wiper near the area of the shooting.
A man wearing a green hoodie could allegedly be seen sitting on the driver side passenger door shooting over the vehicle, the affidavit states. The car then fled the area.
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There was other video from a neighboring apartment complex. It allegedly showed Dillard, Franklin and Sims getting into the Rogue.
A Facebook Live video was later recovered from Franklin’s page, the affidavit states. The video allegedly showed the three men and a fourth male, Malone, sitting in the car together.
“Montrell, Tremaine and Eric are each openly brandishing what appears to be semiautomatic pistols,” the affidavit states.
A search warrant was later executed on the car involved in the shooting, the affidavit states. Sims’, Malone’s, Dillard’s and Franklin’s fingerprints were allegedly found inside — in the respective areas they were sitting on the livestreamed video.
Contact Sofia Saric at ssaric@timesfreepress.com or 423-757-6476.