Lone survivor of Boise shooting was hit in arm

Police don't share her status or information about the ongoing search for the gunman.

jsowell@idahostatesman.comMay 16, 2014 

Before three residents of an apartment at 2178 S. Orchard St. were shot late on May 8, they spent the evening with Samari Winn, the man accused of bringing the gunman to their door.

That's according to court documents, which provide a few more basic details about the incident, including the injuries to the female victim.

Winn left at some point but promised to return shortly, according to the court records.

When he came back just before 11:30 p.m., Winn, 34, accompanied a man carrying a .45-caliber semi-automatic pistol, prosecutors said. That man shot all three victims.

Elliott Bailey Jr. and Travontae Calloway both died from multiple gunshot wounds a few hours after they were shot. The third victim, a woman authorities have identified only as "J.J.," was shot in the arm, according to court records.

Winn was arrested May 9 and was originally charged with two counts of murder. The charges were downgraded to aiding and abetting first-degree murder and attempted murder by the time he appeared for his arraignment Monday.

Deputy Ada County Prosecutor Shelley Akamatsu said Monday that Winn intentionally aided the person who shot the victims.

That day, Winn refused to sign a standard court form advising him of his rights. Instead, he claimed on the form that his rights had been violated, according to the form filed in Fourth District Court.

Winn drew a box around two items in particular. The first item informed Winn he had been charged with multiple felony crimes and that he would be given a copy of the criminal complaint against him. The second one said he had the right to have an attorney represent him at “all stages of these proceedings.”

“The above have been violated already,” Winn wrote.

It's unclear how Winn may believe his rights were violated. Defense attorney Randall Barnum, who was retained to represent Winn sometime after the arraignment, declined Friday to comment on the case.

Akamatsu said Friday Winn was provided with a document in court on Monday listing the charges against him.

Fourth District Judge Mike Wetherell, who is not involved in Winn's case, said Friday that defendants occasionally refuse to sign the rights form.

"It doesn't have any impact longterm," he said.

The court needs to create a record indicating that the defendant was advised of his rights, Wetherell said. The easiest way is for the judge to read the document in court, he said.

Police, who have been tight-lipped about the case, are still searching for the shooter. They will not say whether they have identified a suspect or whether they believe the man is still in Idaho.

They also won't say whether J.J. is still receiving medical care.

"At this point it's an ongoing case and we don't want to jeopardize the investigation," Boise police spokeswoman Lynn Hightower said Thursday.

Hightower repeated that police believe the shooting was not random and said there is no evidence to suggest that there is a threat to the community.

It's unclear what the relationship was between Winn and the two dead men. Bailey and Calloway were both listed as friends of Winn's on Facebook accounts.

Winn is listed as a resident of Ceres, Calif., but court records show he has an Idaho driver's license and was twice arrested last May by Boise police on misdemeanor charges of driving while intoxicated and fighting. In each case, he entered a guilty plea and served a short jail sentence.

Winn's mother, contacted by phone Thursday in California, declined to comment on the case.

Winn is scheduled to appear in court next Friday for a preliminary hearing.

John Sowell: 377-6423, Twitter: @IDS_Sowell

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