A charge of second-degree murder has been dismissed against Devontae Massey, 24, of Martinsville after a Martinsville Grand Jury failed to indict him on the charge certified to them by Martinsville Circuit Court Judge Joan Ziglar.
Instead, the Grand Jury indicted Massey on charges of voluntary manslaughter and unlawful shooting at an occupied dwelling.
Massey is charged for his alleged involvement in the shooting death on Jan. 1, 2019, of Rasheem Oshea Hairston, of Eden, N.C., a former resident of the Martinsville area.
Charges of maliciously shooting/throwing, possessing or transporting a weapon by a violent felon, reckless handling of a firearm and shooting in a public place causing injury also were dismissed against Massey after the Grand Jury failed to indict him on those charges.
Massey had been declared incompetent to stand trial in May, but in September Judge Joan Ziglar ruled that Massey was competent to stand trial based on a “post-restoration report” by Rebecca Loehrer (a licensed clinical psychologist) that showed Massey “responded very positively to restoration services, and he has been restored.”
Massey was at a New Year’s party at 313 Clift St., according to a criminal complaint filed by Martinsville Police Sgt. Richard Ratcliffe, when witnesses said he had become agitated. Witnesses said they saw Massey with a gun. He “had an obvious problem with Hairston,” the complaint reported.
The complaint said that at about 1:20 a.m. the suspect is alleged to have fired his weapon from the street in front of the “occupied dwelling.”
Responding police reported finding Hairston dead at the scene.
Shortly afterward, police were called to a hospital for a man who had been shot. That man, Massey, was treated at Carilion Roanoke Memorial Hospital for nonlife-threatening gunshot wounds, police reported. Massey was arrested that day.
Massey, who remains housed in the Martinsville Jail, is scheduled to be in Martinsville Circuit Court at 9 a.m. Tuesday regarding attorney arrangements and at 9 a.m. March 18 for his arraignment on the new charges.