UPDATE: 2 charged with murder in deadly shooting kills 2 men

DAYTON — UPDATE @ 4:00 p.m. (Jan. 6):

Prosecutors have approved a murder charge for both men arrested in connection to the shooting deaths of Darryl Dean and Marty Powers.

Derek E. Shaw Sr., 54, and Darryl F. Cleary, 57, were both charged with murder and Shaw is also facing a felonious assault charge.

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Dayton police said Cleary admitted to shooting Powers after Powers hit Cleary in the face. The two then fighting over a gun on the floor, according to court records.

“Cleary was able to get the gun and when Powers was running away Cleary shot him,” a court affidavit said.

Court records showed Dean was at the bottom of the stairs when the shooting happened. Shaw then exited the house and began shooting at Dean, who was getting in the driver’s seat of his car, according to the affidavit.

“Dean runs from his vehicle and his chased down by Shaw. Shaw shoots Dean in the back of the neck killing Dean,” the affidavit read.

Both men Shaw and Cleary are being held in the Montgomery County Jail.

UPDATE @ 2:30 p.m. (Jan. 5):

Dayton police have arrested two people on charges stemming from a deadly shooting that killed two men and injured a third person at a house on Randolph Street Tuesday night.

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Darryl Dean, 62, and Marty Powers, 29, were named as the victims killed in the shooting reported in the 600 block of Randolph Street around 5 p.m. Tuesday, Montgomery County Coroner Dr. Kent Harshbarger said in a media release.

The cause and manner of death for both men were still under investigation, Harshbarger said.

A third person was taken to a hospital with life-threatening injuries after the shooting, however that person’s condition has stabilized as of Wednesday, according to investigators. A fourth victim was initially described as having non-life threatening injuries Tuesday night.

Dayton police held a media availability Wednesday afternoon with updates on the investigation. Lt. Jason Hall said a disagreement over “property and money” escalated into gunfire.

“This was not a random occurrence,” Hall said.

He added that there were multiple people at the house at the time of the shooting and everyone knew each other. Hall added there were multiple shooters, but did not disclose how many shots were fired and if any of the victims killed also fired shots.

Police have made two arrests in the investigation, one on charges of murder and a second for tampering with evidence.

Derek E. Shaw Sr., 54, was booked in the Montgomery County Jail Tuesday night on a preliminary charge of murder after the shooting on Randolph Street, jail records and a Dayton police report indicate.

Police identified Darryl F. Cleary, 57, as the second man arrested in the investigation who was booked into the jail on a charge of tampering with evidence. He remains booked in the jail Wednesday afternoon, jail records indicate.

Hall described the scene as chaotic and other people who were not shot were injured during the shooting at the house. That includes a woman who jumped from the second floor of the home when the shots erupted, Hall said.

“I guess there’s some body inside of the house shooting. They shot each other and (my neighbor) was scared and jumped off the roof,” a caller said in a 911 call, obtained in a public records request by News Center 7.

“She jumped off the roof. She doesn’t even look like she could barely stand up straight,” the caller said.

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Dispatch records indicate the woman would later decline medical attention at the scene.

A second 911 caller described the scene as she drove by when the gunshots rang out.

“Somebody came in and shot-up this house. I was driving past, heard the shots, looked over, and the glass was coming out the windows upstairs,” the caller said.

Hall said there were scenes both inside and outside of the house and the investigation is expected to take time. Hall added officers have not recovered any weapons used in the shooting.

“We have a lot of work left to do with this,” Hall said.

At the conclusion of the investigation Hall said police will present their findings and charges to prosecutors.

The shooting deaths of Dean and Powers are the second and third homicides in the city in 2022, Hall said.

We’ll continue to update this story as we learn more.

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