A December shootout in Birmingham’s popular Lakeview District that left one dead and another injured started with a fight the previous week in the same area, police testified on Wednesday.

Dearius Daiquan Davis, 24, is charged with murder in the Dec. 16, 2023 slaying of 28-year-old Antonio Deandre Benson, who was shot about 15 times, including once in the chest and seven times in the back.

His brother, Dequantez Keishaun Davis, 26, is charged with attempted murder in the wounding of Benson’s cousin, Brandon Newell, who was shot in the abdomen.

The Hueytown brothers, one of whom remains jailed, went before a Jefferson County judge Wednesday where a Birmingham homicide detective chronicled the events of the deadly shooting.

When it was over, Judge William Bell forwarded the cases to a grand jury for indictment consideration. He also revoked Dearius Davis’s probation on a previous misdemeanor assault conviction.

The shooting happened at 2:51 a.m. that Saturday in the 700 block of 29th Street. Both victims were standing in line at a food truck after having gone fishing earlier.

Lead investigator Nicholas Clark, under questioning by Jefferson County Deputy District Attorney Charissa Henrich, said the some of the shooting was captured on the surveillance cameras at nearby Innisfree Pub and Slice Pizza & Brew.

The head of security for Innisfree knew Dearius Davis, who was a regular customer, and his brother, and was able to identify them as suspects after reviewing the video with police.

In fact, Clark said, the head of security had seen them earlier in the night and told Dequantes Davis not to let Dearius Davis, “do anything stupid.”

According to Clark, there had been an altercation the week before between Dearius Davis and Benson at a Lakeview bar. That fight started, he said, because someone bumped into somebody else, prompting pushing and then physical fighting.

All involved were kicked out.

Dearius Davis, Clark said, tried to keep that fight going once outside, but was outnumbered by Benson and his friends, so he backed away.

They would encounter each other again a week later when the Sunday morning shooting happened.

Video showed two men – believed to be the brothers – exit the Slice parking lot and approach the food truck, where Benson and Newell were standing in line.

Dearius Davis punched Benson from behind, Clark said, and a physical fight ensued.

Newell, Clark said, was standing right there during the struggle, drew his gun and pointed it. Dequantez Davis then also brandished a gun and fires. Newell returned fire, the detective said.

When the gunfire first erupted, Dearius Davis initially took cover and Benson took off running.

When Dearius Davis came back into view of the cameras, Clark testified, the video showed “flashes” and Dearius Davis running toward Benson.

“It appears he was shooting as they ran,’’ Clark said.

The wounded Newell fell in line. Benson was found unresponsive behind the food truck and pronounced dead.

Near Benson’s body were 9 mm shell casings. Multiple 40-caliber casings were found where Newell had collapsed.

Dearius’s cell phone – containing a pouch with his driver’s license – was found at the scene.

Clark said license plate readers showed Dearius Davis’s Chevy Silverado heading from Birmingham to Hueytown about 11 p.m. that Friday, and then from Birmingham toward Hueytown after the shooting took place in Saturday’s early-morning hours.

Clark said they were able to obtain warrants against the Davis brothers citing the motive as “payback from the fight.”

“They both came armed,’’ Clark said. “The number of shots exchanged showed intent to kill.”

Benson also was armed but never pulled his gun from his waistband, Clark said.

Newell was not charged with any crime, Clark said, because the brothers initiated the entire confrontation.

Defense attorney Maston Evans, one of the lawyers representing the Davis brothers, argued that it was Newell that escalated the fight when he first pulled his gun while Benson and Dearius Davis were fighting.

“If a fight is going on and someone pulls a gun, it is escalated,’’ Evans said. “There’s no ifs, ands or buts.”

Under questioning by Evans, the detective said Newell had a 40-caliber gun with an extended clip that carried 22 rounds. All of the rounds had been fired, the majority of them at Dequantez Davis, testimony showed.

Evans said the charges should be dismissed since Newell is the one that first introduced a gun into the situation.

Clark said Newell, however, told detectives that he had seen Dearius Davis with his hand on his own gun.

“He knew the Davises were armed,’’ the detective said.

And, he testified, it was Dequantez Davis who fired the first shots.

Both brothers were arrested and booked into the Jefferson County Jail on Dec. 22. Dequantez Davis was released the same day after posting $125,000.

Bell ordered Dequantez remain on $125,000 and ordered him to have no contact with the surviving victim, or any of the witnesses. He is also prohibited from the Lakeview District.

Evans asked the judge to grant a reasonable bond for Dearius Davis, citing strong family support and a mentor who was willing to find him a job. Members of the Davis family were in attendance at the hearing, as well as members of the victims’ families.

Evans said the brothers are hardworking. He noted that even the Innisfree witness said he had a good relationship with Dearius Davis and never had any previous trouble with him.

Also, Evans said, the police officer who was the victim in Dearius Davis’ previous assault case had previously spoken up for him in that case and asked that he be given a second chance.

The prosecutor, however, said Dearius Davis had squandered that second chance when he fatally shot Benson.

“He fired multiple times,’’ Henrich said. “He’s a risk, a danger.”

In addition to revoking Dearius Davis’s probation, Judge Bell also denied him bond.