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Milwaukee man allegedly killed two after judge rejects bail increase
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Milwaukee man allegedly killed two after judge rejects bail increase

Daeshaun Graves was already charged with armed robbery and out on bail when he arrived at a hospital with gunshot wounds on January 31.

Police found security footage that showed the 20-year-old pointing a gun at someone before being shot, violating the terms of his pretrial supervision in the armed robbery case.

The next day, prosecutors asked the judge to increase his bail from $10,000 to $100,000. Judge Danielle Shelton refused.

Graves remained free.

In the months that followed, prosecutors say, Graves shot and killed two people, including his uncle Darrell Antwon Harbor in July, and faces first-degree reckless homicide charges in both.

A month after his uncle was shot, on August 4, Graves allegedly shot him and killed Quincy Smith of Milwaukee after an altercation when Smith found Graves with his on-again, off-again girlfriend. He would burn the vehicle with Smith’s body inside, prosecutors say.

Shelton declined to discuss the decision not to increase his bond in the armed robbery case, citing the open cases against Graves.

However, the judge, in an emailed response to the Journal Sentinel, outlined the “fundamental principles” of the criminal justice system and the courtroom bail application process.

“It is a fundamental principle of our criminal justice system that a defendant is innocent until proven guilty. The State and the State alone bear the burden of proving that a defendant is guilty beyond a reasonable doubt,” he said in the email. “If there are allegations that a defendant has violated bail conditions, the State may request an increase in bail.”

Graves remains jailed following the two counts of reckless homicide under $1 million bail, according to the Milwaukee County Sheriff’s jail list.

Prosecutors ask to increase Graves’ bail denied, despite alleged breach of conditions

Graves’ felony bail jumping charge stems from a June 2023 case in which Graves is alleged to have assisted in an armed robbery, according to a criminal complaint.

In that case, Graves allegedly crashed a vehicle he was driving into another vehicle and the two stopped in a nearby parking lot. A woman in the car Graves was driving then pulled out a gun and the driver fled the scene, only to look back and see her and Graves’ vehicle driving away.

Police found the vehicle later that day, and Graves would later admit to police his involvement, according to the criminal complaint.

In that case, Graves was released on $10,000 cash bail on Aug. 7, 2023, with the condition that he not possess a firearm, according to court records. However, on February 1, prosecutors asked to increase his bail to $100,000, citing armed robbery, possession of a weapon, repeat offenses and dishonesty with police.

That question came after Graves went to the hospital on Jan. 31 with gunshot wounds. The prosecutor’s request said Graves “provided false information to officers, but was released from the hospital before police could obtain video of the incident.”

Officers later reviewed the video, according to the document, which showed Graves pulling out a gun and pointing it at another person. Under the terms of his bond, Graves was not required to possess firearms.

On February 8, Shelton denied the prosecutor’s request to increase his bond.

Graves was also released on bond in another case, a misdemeanor count of obstructing or resisting an officer. He is scheduled to have a status conference in that case on December 6.

Kent Lovern, Milwaukee County’s chief deputy prosecutor, declined to discuss Shelton’s decision, citing it as an open case.

“I would say that generally speaking, when we ask for a bail increase, we think we have a good reason to do it,” Lovern told the Journal Sentinel.

Graves’ next hearing in the armed robbery case will be Dec. 6 for a status conference.

The latest charge alleges Graves shot his uncle a month before another homicide.

The most recent charge against Graves was filed on Nov. 4, and prosecutors allege the 20-year-old shot and killed his uncle on July 15.

The criminal complaint says Graves’ girlfriend told police he admitted to her that he shot and killed his uncle. That shooting occurred after the two argued, after the uncle’s dog bit Graves and another family member.

A relative of Graves and the uncle declined to comment.

Graves told his girlfriend that “she had done ‘something bad,'” according to the complaint. She told police that her uncle approached Graves, who spoke to her disrespectfully, and Graves warned her to back away or he would shoot her.

The uncle continued to approach him and Graves fired, but he did not intend to kill him, according to the complaint. Graves pointed the gun at his uncle’s legs, but the gun was modified to be fully automatic and the recoil of the gun led him to shoot his uncle in the abdomen.

The complaint says police reviewed security footage of the altercation, which correlated with the girlfriend’s account of the incident.

That occurred about a month before Graves allegedly shot and killed Quincy Smith.

The investigation into that murder appeared to help lead police to Graves for his uncle’s death. The criminal complaint says a police detective searched Graves’ car after Smith’s murder and found a gun that matched bullet casings found at the crime scene of his uncle’s death.

The Journal Sentinel was unable to reach Smith’s family for an interview.

Graves is scheduled for a preliminary hearing on Nov. 12 for the July 15 alleged reckless homicide and a scheduling conference on Nov. 22 for the August alleged reckless homicide.

You can contact David Clarey at [email protected].