Damien McDaniel wants transfer from prison to aid in defense in multiple mass shooting trials
The young Fairfield man charged with killing 11 people and wounding 29 others in just a span of several months in Birmingham is asking to be moved from state prison back to the Jefferson County Jail to help with his defense.
Damien Laron McDaniel III, 22, was moved from the county jail to Kilby Correctional Facility on Jan. 28 after his probation in an October 2019 case in which two people were shot at in Fairfield was revoked.
The Fairfield man is charged in two mass Birmingham shootings, one outside Hush lounge in September and another at Trendsetters lounge in July.
He is also charged in several other murders and violated his probation on the convictions in the 2019 case by being recorded on social media brandishing firearms at least nine times between April 1, 2024, through Oct. 1.
McDaniel, Jefferson County Bessemer Cutoff prosecutors contended, violated his probation terms by engaging in “injurious and vicious” habits.
His probation was revoked on Dec. 12.
McDaniel’s attorney, John Robbins, on Tuesday filed a motion requesting to be returned to Jefferson County.
Robbins noted in his motion that he expects prosecutors to seek the death penalty and that McDaniel “intends to exercise his right to be present at any and all proceedings at every stage of his capital trial.”
“The defendant’s presence at every stage of the proceedings is necessary to ensure his rights to due process, a fair trial, and reliable sentencing,’’ guaranteed by law, Robbins said.
Jefferson County Circuit Judge Shanta Owens has not ruled on Robbin’s motion. A status hearing on the cases against McDaniel is scheduled for April.
McDaniel was arrested in the 2019 case at Fairfield High School and pleaded guilty on April 26, 2023, to two counts of attempted murder. He was sentenced to 15 years in prison with two years to serve followed by three years of probation.
There has been criticism about the sentence and probation on the Fairfield cases – which put McDaniel back on the streets to allegedly kill 11 people in a span of roughly two months.
Jefferson County Bessemer Cutoff Chief Assistant District Attorney Lane Tolbert previously said they were fortunate to obtain a conviction by way of McDaniel’s guilty plea — and the 15 year split sentence of time served awaiting trial and probation.
Prosecutors, he said, had “no one” who was willing to come forward with information.
“That’s not the usual sentence for attempted murder but when you have no witness cooperation, like in most of his cases, because of fear probably, we were lucky to get that,’’ Tolbert said.
“He wasn’t ‘released early,’’’ Tolbert said. “He got what he got because no one was willing to cooperate.”
Damien Laron McDaniel III, charged in 11 Birmingham murders, was returned to an Alabama state prison on Jan. 28, 2025, after his probation on a previous case was revoked.(Alabama Department of Corrections)
Here’s a look at McDaniel’s cases:
- The July 13 mass shooting at the private club Trendsetters that killed Angela Weatherspoon, 56, of Center Point, Markeisha Gettings, 42, of Birmingham, Stevie McGhee, 39, of Birmingham, and Lerandus Anderson, 24, of Center Point and wounded 10 others during an adult birthday party. Hatarious Woods, 27, is also charged with capital murder and 10 counts of first-degree assault in that case.
- Charlie Herbert Moore, 61, was shot to death Aug. 13 inside his Birmingham home. Police say the shooter or shooters were actually looking for someone else. Charles Derius Nance, 41, is also charged in Moore’s death. Authorities contend Nance provided the intended victim or victims’ names and address to McDaniel. Nance was also arraigned Wednesday, and is represented by attorney Emory Anthony.
- The Sept. 19 killing of Diontrante Tinae Brown, a 35-year-old mother who police say was an innocent bystander shot to death inside 604 Bar and Lounge on Ninth Street North.
- The Sept. 21 mass shooting outside Hush lounge that killed Carlos McCain, 27, Roderick Lynn Patterson Jr., 26, Anitra Holloman, 21, and Tahj Booker, 27. Those four were killed, and 17 others injured, in the Five Points South shooting. He is the only person so far charged in the Southside mass shooting. He is the only suspect charged so far in the Hush massacre.
- The Sept. 22 robbery shooting death of 32-year-old Jamarcus McIntyre, who died in a hail of gunfire in the 700 block of 81st Place South less than 24 hours after the Five Points South shooting. Others charged in McIntyre’s murder are: Larry Rollins, 32; Ny’Quan Lollar, 22; Demarco Beck Jr., 29; and Zachary Holmes, 31. They were arraigned to on Jan. 7. McIntyre’s killing was caught on chilling home surveillance video and showed gunmen killing McIntyre and stealing his backpack. Text messages show McDaniel and two others allegedly waiting for the victim for him for nearly two hours before gunning him down.
McDaniel, police have previously confirmed, is also suspected in other unsolved homicides, police confirmed.
Robbins previously said McDaniel has told him he’s not guilty.
“When I met with him, he said he’s not guilty,’’ he said. “We didn’t get into any specifics about the case because I don’t know anything other than the charges and there’s a lot of charges.”
Robbins said he’s eager to see the state’s evidence against McDaniel.
“I know there’s a lot of pressure in the community to prosecute this case,’’ he said. “The actual event was horrific, and we feel for the victims and their families. We understand they want someone prosecuted.”
“If you sit down and talk to (McDaniel), he’s a very gentle, kind person,’’ Robbins said.
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