The Journal Gazette
Wednesday, May 08, 2019 1:00 am

Records detail shooting charges

1 in 2016 killing already serving 74-year sentence

MATTHEW LEBLANC | The Journal Gazette

Brian Quintana's shooting death in 2016 came after Devyn Yancey and another teen planned to rob him, according to court documents unsealed Tuesday.

Yancey, 19, is charged with murder, felony murder – one committed in the act of another felony – and robbery in the Aug. 14, 2016, killing. He and Kevin Hamilton, who was 17 at the time, exchanged text messages about robbing Quintana before he was killed, according to a probable cause affidavit filed Thursday but unsealed Tuesday by an Allen County magistrate.

The texts were key pieces of evidence in the 2017 trial of Hamilton, whom jurors found guilty of murder, robbery and using a gun to commit the crime. He was sentenced to 74 years in prison.

Yancey ordered Hamilton to shoot Quintana, 18, during a struggle over a bag of marijuana, the affidavit states. Police found Quintana on the ground in a parking lot at Woodbridge Apartments. He'd been shot in the upper torso, they said.

Yancey was arrested last week for his role in the killing and faces up to 160 years in prison if convicted on each charge. A trial date could be set in a court hearing May 22.

Hamilton, 20, was tried as an adult, and the earliest he could be released from prison is February 2072. In March, he filed paperwork asking a judge to reconsider his case.

A petition for post-conviction relief filed in Allen Superior Court argues his lawyers were ineffective at trial and in appeals filed in 2017 and 2018.

Hamilton once shot himself in the head and “received no follow-up mental health treatment despite the medical professionals recommending such” and saw a friend shoot himself on a separate occasion, the petition states.

He argues his lawyer should have had an expert testify “regarding the effect Hamilton's mental illness, substance abuse and youth and its attendant characteristics had on his offense.”

“Had trial counsel properly investigated and presented these mitigating circumstances, there is a reasonable probability that this trial court would have sentenced Hamilton to less than 74 years in prison,” the document states.

No hearings are scheduled in that case, court records show.

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