First defendant on trial after Gary teen, 13, gunned down in front of Power & Light Church in gang-related dispute

The first defendant is facing trial this week for his role after Orie Dodson, 13, was gunned down in Gary’s Midtown section in an apparent gang-related dispute.

Kriston L. Barbee Jr., 18, of Chicago, has pleaded not guilty.

He and two others are charged — Dahvee Brunson and Elijah Caleb Porter. Brunson is facing a county trial in October. Porter has been jailed in a federal gun case since January. He has signed a plea deal in March and is awaiting sentencing in July.

In Dodson’s slaying, all three charged are facing a murder charge, plus firearm and criminal gang enhancements.

Investigators allege that Porter, Brunson and Barbee conducted a gang-motivated drive-by shooting of Dodson in front of Power & Light Church, located at 1351 Lincoln St., in Gary on Feb. 15, 2023. The probable cause affidavit alleges that the trio were all members of the 49th Avenue Boys gang and the motive behind the shooting was Dodson disrespecting a gang member who was killed in 2019.

At trial, Lake County Prosecutors are alleging Barbee also opened fire during Dodson’s killing. Defense attorney Casey McCloskey said that prosecutors had the wrong person; the case was based on assumptions and evidence wasn’t there.

Barbee borrowed a GMC Arcadia on Valentine’s Day, and returned it later the next day. It was later stolen and never recovered.

Prosecutors played the 911 call Monday where a witness reported a “body lying out” in front of the church. Gary Det. James Nielsen, who assisted at the crime scene, said Dodson’s body was found at least 25 yards from 38 bullet casings on nearby Buchanan Street. Police found two types, he said.

An autopsy revealed Dodson was shot three times in the back.

At a vigil for Dodson last year, his mother Latrice Dodson said that she believed his death was precipitated by an online spat. Dodson’s brother Canova Webb was killed in a shooting in 2016.

Porter denied pulling the trigger in Dodson’s death but eventually admitted to police that Brunson went “sliding” — slang for a drive-by shooting — and that three men were in the vehicle, records state. Porter denied having a weapon or allowing any in his residence, despite videos showing him brandishing what appears to be a loaded Glock with a switch pointed at Brunson.

A witness told police that they attended a party in March 2023 where Porter and others listed off all of the murders the gang committed and Porter was heard saying that he killed Dodson, the affidavit states.

Porter was in Hammond City Jail in January when he was overheard discussing Dodson’s murder, saying that he was going to tell law enforcement that he was merely the driver of the vehicle and not the shooter. Porter told someone there that he was the shooter but would not admit it to police, records state. Porter said that he specifically left his cell phone at home on the day of the shooting so his movements couldn’t be tracked.

Porter told someone at the jail that all of the men in the vehicle had handguns and Porter was driving when they spotted Dodson walking, court records state. The vehicle made a U-turn and started shooting at Dodson. At one point, Brunson yelled “I got him!” before the trio fled the scene, the affidavit states.

Police obtained a search warrant for Barbee’s phone, court records state. A text message from the day after Dodson’s death saw an individual text Barbee that the 13-year-old was “Playing GROWN MAN GAMES BABY” before texting “Delete that.” The owner of the GMC Arcadia texted Barbee “answer the phone man, where you at with my car man … call police at 930,” records state, and the car’s owner later reported it stolen.

Location data from Barbee’s phone indicated numerous hits off cellphone towers near Dodson’s homicide scene between 11 a.m. and 12:15 p.m. on Feb. 15.

A witness told police that he believed there were “three dudes sliding on Orie” — “sliding” refers to gang-related drive-by shootings — and heard Brunson later joke about killing Dodson, saying Dodson should not have been “dissing,” the affidavit states.

During the investigation, the Lake County Prosecutor’s Homicide Task Force was able to uncover substantial evidence of gang-related crimes involving the 49th Avenue Boys gang including several homicides, drug dealing, illegal firearm possession and sales, and general crimes of violence throughout Lake County.

The task force, consisting of detectives from the Gary Police Department, the Indiana State Police, the Indiana State Excise Police, and the East Chicago Police Department, conducted the investigation, with assistance from the United States Attorney’s Office of the Northern District of Indiana.

Barbee’s trial is before Lake Superior Judge Samuel Cappas. Deputy Prosecutors Infinity Westberg and Tim Brown are assigned. McCloskey is representing Barbee.

The trial is expected to go into next week.

mcolias@post-trib.com

Post-Tribune archives contributed.