Police: Calls, texts show Double Churches suspects planned murder

Phone records between three men accused in the June shooting at Double Churches Park indicate that they planned the robbery and slaying of 24-year-old Demonde Donya Dicks Jr., according to testimony Wednesday in Columbus Recorder’s Court.

Derian Waller, 25, Akeveius Powell, 21, and Jacquawn Clark, 19, appeared together in court for the first time Wednesday to face charges surrounding the Jonesboro’s man’s death.

Columbus Police Sgt. Wendy Holland said authorities were called to 2300 Double Churches Road around 3 p.m. June 15 after a lifeguard reported shots being fired. When they arrived, they found Dicks near the basketball courts dead with a gunshot wound to the head.

Holland said Clark arrived on the scene an hour later with his mother and spoke to detectives. He told them he drove Dicks and his cousin, Waller, to the park to smoke marijuana, and that Dicks was killed while they were there, according to the detective’s testimony.

Authorities said Waller was identified as the shooter and the motive may have been armed robbery.

Clark told detectives that he drove Waller away from the scene and dropped him off at Walden Pond Apartments at 7840 Moon Road. He said he didn’t know the person, but he knew the man was Waller’s friend.

Clark said he called his mother to pick him up from the apartment complex and left the vehicle there. Authorities found the car on the property.

According to police, phone records revealed that Clark sent Waller text messages before the deadly shooting and called Powell three times afterward. The 19-year-old defendant went to the police headquarters on June 17 for further questioning.

Holland said Clark then admitted to calling Powell, who resided at Walden Pond Apartments at the time.

During the second interview, he also told police that Dicks’ backpack was in his vehicle, but Waller left with the bag when he arrived at Powell’s residence. It contained clothes, speakers, shoes and more, Clark told authorities.

Holland said the backpack hasn’t been recovered.

“Phone evidence records between Mr. Clark, Mr. Powell and Mr. Waller also revealed that they planned the murder and robbery,” Holland testified.

Judge Michael Cielinski ordered that the armed robbery charges be dismissed after Clark and Waller’s attorneys stated that there was no evidence that the victim had been forcibly robbed.

“We haven’t been able to identify anything in particular that was the subject of the armed robbery,” said attorney William Kendrick, who represented Waller.

Senior Assistant District Attorney Don Kelly then reiterated Holland’s testimony about Waller allegedly taking Dicks’ backpack from Clark’s vehicle after the shooting.

“It doesn’t matter what’s in the backpack,” Kelley said. “The backpack itself has value, but there is no jurisdictional value limit on an armed robbery.”

Kendrick responded by stating that there was no testimony given that states that the backpack was taken by force. Attorney Jennifer Curry, who represents Clark, agreed.

“There hasn’t been a testimony that the backpack was removed by force, which would be a requirement for the armed robbery statute,” she told the judge.

After the dismissal, Senior Assistant District Attorney Don Kelly said he still plans to purse armed robbery charges against all three defendants.

Waller pleaded not guilty to his remaining charges, which include murder, possession of a firearm by a convicted felon and possession of a firearm during the commission of a crime.

Both Clark and Powell face one count of murder, which they pleaded not guilty to the week following the homicide.

Waller’s murder charge was bound over to Superior Court.

Michelle Foye, the victim’s mother, declined to conduct an interview with the Ledger-Enquirer but gave the following written statement: “We thank God for the capture of all suspects in DJ’s murder. This was more than a senseless act of violence. It is my greatest nightmare as a Mother. It is something that DJ’s entire family, extended family and friends will never fully recover from. We are comforted that the justice process has begun. These men have altered the lives of so many and for no good reason at all. There is no cause that could have been so great to take a life that you did not give. We all have choices, and with these choices come either good or bad consquences. DJ will forever live in our hearts. Please keep our family in thought and prayer.”

This story was originally published August 17, 2016 at 2:40 PM with the headline "Police: Calls, texts show Double Churches suspects planned murder."