Statement of Facts

Statement of Facts

  1. On February 5, 2006, Rodney Alston was arrested in Smyrna, Georgia. His arrest was traced to the death of Dachaeu Brown who died on October 10, 2005 in New Rochelle, Westchester County as a result of bullet wounds. It is alleged that Mr. Alston shot Mr. Brown five times on October 10, 2005. 
  2. On the night of October 9, 2005 (before the shooting), Mr. Alston ate dinner with his family between 6:30-7:30 P.M. Thereafter, Mr Alston proceeded to visit a club along with his friends and arrived between 12:30-1:00 A.M. They decided to visit Club Eclipse, on Huguenot Street in New Rochelle. 
  3. Mr Brown was a promoter for Club Eclipse and happened to be hosting a party at the club this night on October 9, 2005. On this night, about 100 to 150 people visited the club 
  4. At the club’s entrance, Mr Alston and other guests were required to undergo a search prior to admission. This search served to confirm age-requirements of guests and also as a security measure. When he was searched, Mr Alston was proved to be above 18 years and was found to not have any weapon or liquor in his possession. 
  5. The search was conducted by Anthony Bowden, a security officer who frisked guests as they entered and checked identification information. Mr. Bowden confirms that he searched Mr Alston and that he did not find any weapon or alcohol on Mr Alston.  
  6. While at the club, Mr Alston casually enjoyed the night with his friends by sharing alcohol, dancing and partaking in other festivities commonly enjoyed by his generation. Mr Alston purchased two bottles of Hennessy and started drinking immediately he arrived at the club. By 2:30 a.m. he felt drunk and was stumbling. 
  7. At one point, Mr Alston and his friends were captured on video. This video captures Mr Alston’s drunkenness as he stumbled and poured alcohol on others. Furthermore, around this time Mr Alston was given a gun by one of his friends to flaunt for the video. After the filming, him and his friends proceeded to the dancefloor and continued drinking.
  8. During this time, Ronald Evans, who was present, was a promoter of the club with Mr Brown. He had brought a camcorder into the club to tape the party. Thus, he was the one who filmed Mr Alston and his friends in the bathroom after they requested him to tape them. 
  9. It was at this time that Mr Evans witnessed Mr Alston brandishing a gun. Following which, Mr Evans spoke to Mr Brown to report that Mr Alston  had a gun. Upon hearing this, Mr Brown indicated that he would kick out Mr Alston from the club.
  10. Shortly afterward, Mr Brown instructed Mr Alston to leave the establishment while he was dancing. Mr Brown gave no reason for this. Eventually, Mr Alston decided to leave the club with his friends and they were escorted out of the premises by Mr Bowden.
  11. Later, it so happened that a shooting occurred. During this shooting, Mr Brown was tragically shot severally. As did many others at the club, Mr Alston consumed a significant amount of alcohol during this evening. Therefore, he has no recollection of this shooting taking place on account of his intoxication.
  12. One of Mr Alston friends, Devon Chambers, was also present at the club during the night of the incident. He left the club after Mr. Brown and his team opted to shut down the club for the evening. Afterward, Mr Chambers proceeded to his car when he heard some gunshots. 
  13. As he was leaving, Mr Alston and other friends requested Mr Chambers for a ride home which he gladly offered. He noticed that Mr Alston and his friends were intoxicated at this time. This was because Mr Alston’s speech was slurred and he had difficulty speaking. Furthermore, he was stumbling as he entered and left the vehicle. 
  14. Mr Alston has little recollection of the events that transpired around this point in the evening due to intoxication. He does, however, remember returning the gun to its owner Jaishon Banks. 
  15. Later, Mr Banks called Mr Alston to inform him about the shooting and told him that people were after him. Mr Alston was frightened by this and begun speaking with Lt. Hearle who also wanted to question him about the shooting. 
  16. Mr Alston informed Lt Hearle that people were after him. Due to this, Lt Hearle attempted to convince Mr Alston that the safest place for him was with the police. However, Mr Alston did not visit Lt Hearle because was worried that he would not be safe. Due to this, he left town for his safety and was found in Smyrna, Georgia. 
  17. Ballistic examination of bullets and bullet fragments retrieved from the crime scene and from the victim’s body revealed that they had all been fired from the same gun and that the gun was either a .38 or .357 caliber revolver (T: 811). There is no evidence which links Mr Alston to any related weapons. In fact, the actual revolver that was used to kill Mr Brown is still missing. 

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