Key witness in Fort Pierce murder case disappears; 3 plead to manslaughter
ST. LUCIE COUNTY − Three men accused in a 2019 fatal drive-by shooting each pleaded no contest this week to a manslaughter charge after a key prosecution witness couldn’t be located, according to attorneys and records.
Lafeyette Bacon, 24, of Vero Beach; Danquiel Davis, 27, and Maxwell Pierce, 31, both of St. Lucie County; each had faced charges of second-degree murder with a firearm and attempted first-degree murder with a firearm; and discharge of a firearm resulting in great bodily harm, records show. Davis and Pierce each faced an additional charge of possession of a firearm or ammunition by a felon.
According to court records, the St. Lucie County Sheriff’s Office gang unit identified Pierce and Davis as members of the same gang, and Bacon as a member of an aligned gang.
They were accused in the Feb. 17, 2019, fatal shooting of Alexander Sirmons Jr., 21, identified as a member of a rival gang to Pierce and Davis. Another person was wounded.
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Pierce and Davis were sentenced to four years in prison, while Bacon got 3 years 11 months. All received credit for time served, records show.
They were released Thursday from the St. Lucie County Jail, according to the Sheriff’s Office.
Manslaughter is a homicide that is the unintentional killing of another person. Manslaughter is treated as a less severe crime than murder.
Assistant State Attorney Jason Bruin said the reason for the manslaughter plea stemmed from a crucial witness not appearing.
“We had an essential witness, really an indispensable witness that was in the car with the other three at the time,” Bruin said. “He disappeared. So he's not available for trial. We've tried finding him; we've had many, many agencies with us, attempting to find him and we've done an exhaustive search over the last month and a half or so.”
Bruin said the witness has been cooperative, giving testimony to the grand jury and appearing for deposition.
“He's in fear for his life. He always has been the whole case, for obvious reasons,” Bruin said. “He has made himself unavailable and could not be located.”
Bruin said the witness indicated Bacon drove as he was in the back seat. Bruin said no other witness gave information.
“All the information as far as who was in the vehicle at the time of the shooting, and who had the firearms and who shot and who was sitting where … was coming from this witness,” Bruin said.
Bacon’s attorney, Ashley Minton, faulted the law enforcement investigation.
“They predicated their entire case on an informant who was actually in the car, by his own admission, at the time of the drive-by shooting,” she said. “Mr. Bacon's position is that he was picked up in that vehicle after the shooting had occurred.”
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She said Bacon does not claim to be associated with a gang.
Records show the case was investigated by officials with Fort Pierce Police and the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Minton said the three were scheduled to go to trial on Monday, but prosecutors reached out to ask about pleading to manslaughter, which she said occurred in Circuit Judge Lawrence Mirman’s court. The other charges were dropped.
“I think that the most important part is that a vigorous defense is vital to the criminal justice system,” Minton said. “Had they had an attorney that simply took law enforcement's word for it, and took even the informant's word for it, these three gentlemen might all be serving life in prison.”
The shooting of Sirmons came months after the December 2018 fatal shooting of Pierce’s sister, John’nethia Robinson, 21, on Tropic Boulevard, records show. Pierce was in jail at the time, but was released in January 2019.
On Feb. 7, 2019, investigators went to a report of shooting activity at an address in the 400 block of North 21st Street, which was the home address of Sirmons at the time, records show. They found about 40 cartridge cases of three different calibers. Sirmons was there, but uninjured. The home was struck a number of times.
Ten days later, the fatal drive-by shooting of Sirmons occurred.
Later the same day as the fatal Sirmons shooting, officials reported investigating what they believed was a retaliatory shooting related to the Sirmons homicide.
Three men were seen on surveillance video firing weapons, two with rifles and one with a handgun. About 60 cartridge casings were recovered.
Attorney Valerie Masters was identified as representing Pierce.
“I have no comment beyond my client is pleased with the outcome and eager to reunite with his family,” Masters said in an email Friday.
Attorney Matias Zaragoza was identified as representing Davis. He declined comment Friday.
Will Greenlee is a breaking news reporter for TCPalm. Follow Will on Twitter @OffTheBeatTweet or reach him by phone at 772-267-7926. E-mail him at will.greenlee@tcpalm.com
This article originally appeared on Treasure Coast Newspapers: Witness in drive-by SLC shooting disappears; 3 plead to manslaughter
