The attorney for an 18-year-old man charged with murder in a deadly August shooting at an after-hours club south of Lubbock said his client had no choice but to fire into a crowd of people to protect himself.
Dazaun Jones, who has been held at the Lubbock County Detention Center since his Aug. 27 arrest, was indicted Tuesday by a grand jury on a charge of murder and seven counts of aggravated assault–mass shooting.
Both offenses are first-degree felonies that carry a punishment of five years to life in prison.
He is accused of shooting and killing 17-year-old Delaquavion York on Aug. 25 at an unsanctioned after-hours club at the Absolute Office Park in the 9200 block of U.S. 87.
Jones and four others were initially indicted on a charge of deadly conduct — discharging a firearm in connection with the shooting.
Dazaun Jones 18, Christen Nelson, 23, Lavarious Scott, 19, and Joshua Price, 27, are also facing new charges of aggravated assault — mass shooting.
The mass shooting charge alleges the men intentionally and knowingly threatened seven people, including York, by shooting them as part of a mass shooting.
This is the first time the charge has been field in Lubbock after it became law in September 2023.
The charges stem from a Lubbock Metropolitan Special Crimes unit that began Aug. 25 after Lubbock County Sheriff’s Office deputies responding to a shots fired call found York dead from a gunshot wound to the chest, according to a probable cause affidavit.
Five other people, including Nelson, were injured. Three were taken by ambulance to University Medical Center and two were taken to the hospital by private vehicle.
Witnesses at the scene identified Jones, Nelson, Scott, Price and York as the shooters.
The affidavit states the statements investigators obtained at the scene were corroborated by video from security cameras on the property.
The video showed Hawkins, Scott and Jones arriving in a Chevrolet passenger vehicle registered to Hawkins’ mother.
The trio could be seen looking into a crowd of people before splitting up.
Moments later, Jones, who was wearing a black “Looney Tunes” hoodie, and Scott, who wore a black shirt with a flower-design pattern, could be seen firing a gun into a crowd of people but appeared to be targeting Nelson and York, who could could be seen standing next to each other.
Nelson and York could be seen firing back, the warrant states.
The documents indicate Nelson may have used a pistol with a machinegun modification.
“These shots were fired towards a crowd of people with disregard for anyone’s safety,” the documents state.
Moments later, York could be seen falling as he tried to run.
Nelson suffered a gunshot wound to his left leg. At the hospital, he told investigators the person who shot him wore a black hoodie.
He was arrested that day on an unrelated aggravated assault warrant and was served the deadly conduct warrant on Sept. 6.
Meanwhile, Scott, Jones and Hawkins could be seen walking back to their vehicle and driving away.
Meanwhile, witnesses at the scene told investigators another shooter, identified as Price, left in a 2012 Chevrolet Tahoe.
The video later shows Price carrying an AK-style rifle with a drum magazine, the documents state.
Investigators spoke to Price later that day and he reportedly admitted to investigators that he also fired two more firearms — a 12-gauge shotgun with a drum magazine and an AR-15 pistol — in the air once gunfire erupted at the scene.
He said he fired his weapons to scare people away from the scene.
However, a probable cause affidavit states security camera video shows him “pointing a shotgun at a crowd of people and firing it in their direction with disregard for anyone’s safety.”
Jail records show Jones was arrested two days later on an unrelated aggravated assault warrant in connection with a June 7 shooting of an occupied vehicle at Burns Park in the 2700 block of Avenue K.
An indictment alleges Jones shot at a vehicle occupied by five people.
The warrants did not indicate what prompted the shooting at the after-hours club.
However, testimony during Jones’ Oct. 17 bond reduction hearing in the 364ht District Court indicated that York had been threatening Jones for weeks because of the June 7 shooting. At the time, Jones’ bond was set at a combined $500,000 — $300,000 for the June 7 shooting and $200,000 for the Aug. 25 shooting.
According to a police report, a witness in that prior shooting case told a responding officer she and her friends took a child to the park to play. However, once there they were confronted by a group of people that included another person with whom the witness had an ongoing feud.
The witness, who is not listed as a victim in the indictment, said she was challenged to a fight. However, despite refusing to fight, the other person charged at her and they began fighting.
She said a gunshot was heard during the fight and everybody scattered.
One of the listed victims reportedly told the officer that Jones, whom she knew from school, ran up to their vehicle and shot at them.
During the hearing, Jones’ attorney, Keltin VonGonten, argued to the court that his client acted in self-defense in the after hours club shooting and in defense of another person in the prior shooting.
Jones’ aunt, Keyonia Fountain, testified about her nephew’s involvement in both shootings.
Fountain told the court she went to the park on June 7 after fetching her children from school because her cousin called with news that some of her family members were going to the park to watch two girls who had arranged to fight at the park.
“She just tells me, ‘There’s something going on at the park, I need you to get here real quick,'” she said.
Fountain said she went to make sure her family members were safe.
She said Jones and his step brother were already at the scene.
However, during the fight, Fountain said a red vehicle driven by one of the alleged victims appeared to approach the fighting girls.
Fountain said there were only two people in the vehicle and she saw the driver produce a pistol and rack it.
Fountain said that’s when Jones drew his firearm and told the woman to put down her weapon, which she said was pointed at her.
“That’s when (Jones) shoots that one round,” she said.
A video of the violent episode recorded by Fountain’s daughter’s friend was played in the courtroom and appeared to corroborate her testimony.
She said one of the people involved in the fight was a close friend of York’s, who she said began threatening Jones online.
“It was very public, posting threats on Instagram, Facebook,” she said.
Fountain also testified about speaking to someone she said was an ex-girlfriend of York’s who witnessed the Aug. 25 shooting at the after hours club.
The woman was subpoenaed to appear at the hearing but never showed up.
Fountain recorded her conversation with the witness, which was played during the hearing.
The witness, who was reportedly near York and Nelson at the club, could be heard telling Fountain that York and Nelson confronted Jones before the shooting.
She said she saw Nelson walk to his car to retrieve a firearm but said York began shooting first and Nelsen followed.
“Everybody started running everywhere, started running all over the place,” she said.
During the hearing VonGonten argued that his client had no choice that night but to fire back at York and Nelsen who shot first.
“What you see on the video is (Jones) basically walking back to the car that he came in and that’s when these guys start shooting at him and he returned their fire,” he said after the hearing. “And they’re saying that (Jones is) in the wrong because they decide to shoot from a crowd of people where we don’t really have a choice when we have to exercise our second amendment right.”
After the hearing, District Judge William Eichman reduced Jones’ bonds from $300,000 to $125,000 and $200,000 to $175,000.
VonGonten said the new indictment doesn’t change his defense.
“I think that they should have waited until they had everything before they made the decision to indict … but it’s doesn’t change our position that it’s still self defense,” he said.
This article originally appeared on Lubbock Avalanche-Journal: Teen charged with murder in Lubbock club shooting claims self defense
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