D.A.’s Office Letter That Opposed Parole for Man Now Arrested in Connection with Sacramento Killings of Six

The Parole Board initially denied Smiley Allen Martin parole but then released him in February—he has now been arrested (as have his brother Dandrae Martin and Daviyonne Dawson) in connection with the shootings that killed six and wounded twelve. It is important to note that his letter stating that his offense was not violent was simply an interpretation of the California sentencing enhance statute that defines “violent felonies”. In other words, the crime involved high-level violence. Below is the letter. Sacramento BeeSam Stanton from broke the story.

April 29, 2021
Process for Non-Violent Review of Parole
Board of Parole Hearings …

RE: Smiley Allen Martin #CDC AT8808 DOCKET # 17FE008296

Martin’s criminal record has been a consistent part of his life. The current case isn’t considered to be violent under the Penal Code. However, Martin’s criminal behavior has been long-standing and violent. Martin’s prior convictions for robbery, firearm possession, and providing false information in peace office proceedings show that he has committed numerous felonies.

Six months after Martin’s eighteenth Birthday, police officers reached out to Martin in January 2013. Martin tried to dispose of an assault rifle that he concealed under his clothes in his waistband. This rifle was equipped with a pistol grip that could hold a removable magazine. Martin was found also to have two full loaded 25-round magazines. Martin confessed to transporting both the assault weapon as well as large-capacity magazines to buyers. Martin was sentenced by the county court to probation.

Just ten months had passed since Martin was placed on felony probation. Martin, along with three others, entered Walmart to ask a clerk at the electronics department if he could view his Samsung Galaxy Notebook. The notebook was protected in a glass case that is resistant to theft. After the case was opened, Martin physically shoved the clerk aside and grabbed several Galaxy Notebooks worth approximately $2800. He then fled the store. This incident was caught on camera. Law enforcement also discovered that similar electronic items were stolen from Target and Walmart stores on November 29th, 2013 and 30th 2013. Through surveillance photographs taken at subsequent robberies, witnesses identified Martin as Inmate Martin. Martin was sentenced for two years after pleading guilty to the crime of robbery.

Law enforcement contacted Martin in his vehicle along with three others on November 29 2016. Desean Dorsey, Martin’s name was given when he was asked. He could not even provide his birthdate. Officers told Inmate Martin that they planned to hold him indefinitely until they had his identity. Martin escaped their hold and ran. After a foot pursuit Inmate Martin was eventually incapacitated with a Taser and ultimately taken into custody. After identifying him, officers discovered that he was an unidentified parolee. The vehicle’s passenger, Inmate Martin, was discovered to be carrying a loaded and unregistered handgun in her purse. Martin was ultimately charged with the offense and plead guilty to false information.

Six months later, Martin forced his way into the home of his girlfriend. Inmate Martin found her in her bedroom and struck her multiple times with a closed fist. He caused visible injuries. After dragging her to the car, he tied her hair. Then he attacked her with a belt. It was revealed that the victim worked as a prostitute. Inmate Martin also encouraged the victim to prostitute. Inmate Martin would send her text messages, social media chats, and tell her which sex buyer to choose, what price she should charge, what payment method she should accept, and how she should pay it. Martin was sentenced to ten years in state prison for two counts of felony assault.

The behavior of Inmate Martin shows that he’s an aggressive and non-compliance individual. He also has no respect for the victims of his many serious crimes. Martin has zero respect for other law enforcers or the law. He will break more laws if he’s released earlier than expected.

We are only given 30 days to reply and aren’t provided any information beyond the notice of parole review. Therefore, I can not comment on Martin’s behavior in prison. But, it’s clear from all the available records that Martin is a dangerous and unreasonable threat to community safety. Martin repeatedly demonstrated that he does not follow any laws or other conditions placed upon him by the courts. He has shown that he is driven by his personal goals, regardless of any regulatory restrictions or consequences. The District Attorney’s Office asks that you decline his request to be released early.

Danielle Abildgaard
The Deputy District Attorney
Sacramento County District Attorney’s Office