Judge issues gag order in Phenix City Riverwalk double-homicide death penalty case
A Russell County judge has put a gag order on the death-penalty case against a suspect accused of gunning two men down on the Phenix City Riverwalk in December.
District Court Judge Walter Gray III issued the order Thursday when Damon Daniels Jr. was arraigned on murder charges in the Dec. 3 shootings of Darrelyn “Darren” Harris and John Arthur Burkus.
Russell County District Attorney Rick Chancey said the order prohibits those involved in the case from publicly discussing the evidence, the investigation or the suspect’s character. The order is intended to ensure widespread publicity does not prejudice potential jurors against Daniels that he can’t get a fair trial, the prosecutor said.
Attorneys are allowed to discuss the progress of the case, such as court hearings and other developments, Chancey said.
During the arraignment, Daniels pleaded not guilty by reason of mental disease or defect, and Gray ordered him to undergo a psychological evaluation, which could take until the end of the year, Chancey said.
Daniels’ trial was not imminent, as the county has 20 suspects facing capital murder charges ahead of him, Chancey said, adding some cases involve more than one defendant.
No clear motivation
During a Jan. 16 hearing on the case, Phenix City investigators testified that Daniels admitted shooting the two strangers, but gave no motive.
Investigators said he shot Harris first, and then killed Burkus to eliminate a witness, as Burkus happened upon Harris’ slaying.
Police said Daniels that day had been at a home on 19th Street off Fourth Avenue in Phenix City, where witnesses said he was acting strangely before he left on foot, wearing a teal-colored hooded jacket.
He walked a few blocks to a riverwalk entrance at 19th Street and First Avenue, where he was recorded on a neighbor’s security camera, investigators said.
Daniels told police that he used methamphetamine that morning, and took a walk to clear his head before he encountered Harris. He shot Harris because Harris “walked up to him aggressively,” and hebelieved he had to defend himself, a detective said.
Daniels told officers that after he shot Harris, he encountered a second man. Seeing Burkus reach toward his pocket, Daniels again opened fire, before running back to the house on 19th Street, police said.
The victims were found on the riverwalk north of Troy University’s Phenix City campus, and south of where a railroad trestle crosses the Chattahoochee River. Harris, 40, was closer to the college campus; Burkus, 31, was found about 20 yards north, investigators said.
Though they collected multiple .40-caliber shell casings at the crime scene, police found neither the teal hoodie Daniels wore nor his gun, they said.
Besides capital murder, Daniels, 29, is charged with being a convicted felon with a firearm. He has a previous conviction in Russell County for manslaughter.
Daniels’ attorneys in January were Allen C. Jones and Joshua Fleitas, but Jones was arrested in March for allegedly taking drugs and other contraband into the Muscogee County Jail. He no longer is on the case.
On Thursday, Daniels was represented by Fleitas and Eric Funderburk, both with Phenix City’s Funderburk Law Group.
This story was originally published June 21, 2023 at 9:21 AM.