Did a 22-year-old father have reason to fear for his children's safety when a potato crashed through a window in his home?

Beginning Monday, a Milwaukee jury will hear the case against Darryl Flynn, who admitted to police that he fatally shot 14-year-old Demetrian Washington outside his house on May 8, 2004.

Flynn said he fired in self-defense during a confrontation with Demetrian and his friends over who had thrown objects through Flynn's window on more than one occasion. Witnesses said Demetrian was wrongly targeted as the perpetrator.

Flynn initially faced up to 60 years in prison for first-degree reckless homicide. After he rejected a plea deal, prosecutors upgraded the charge to first-degree intentional homicide. If convicted, he faces life in prison.

Story continues

advertisement

Police responded to an emergency call on May 8 in south Milwaukee and found Demetrian lying face-up in an alley alongside Flynn's home. He was pronounced dead at the scene after sustaining two gunshot wounds to his chest and left bicep.

Detectives also noted a broken window in Flynn's house, which is a half-block from a local high school.

Flynn, his three children and his girlfriend, Carmella Yvette Rollins, had fled the home.

The next day, Flynn reported to the police station and gave a statement without a lawyer present.

A criminal complaint alleges Flynn told detectives he first saw Demetrian and friends loitering on his porch the week before the shooting.

Flynn claimed they refused to leave and one of them said, "His uncle was going to come and shoot up Darryl Flynn's house," according to the criminal complaint.

The day before the shooting, Flynn claimed to see Demetrian and his friends again outside his home after a brick shattered his front window.

When he asked who was responsible, "no one would admit involvement, but some of the kids made threats to shoot up his house," according to the complaint.

Flynn said he reported the incident to police, but was told nothing could be done since he couldn't prove who threw the brick.

The next day, as Rollins was getting the mail, she noticed the teens outside. As she entered the house, an object purported to be a potato broke a window in the room where the children were.

Demetrian's cousin, Dominique Barbee, who is expected to testify, told the Milwaukee Journal-Sentinel that a girl tossed the potato at the window and ran away.

According to Flynn's statement, Demetrian and his friends were arguing over who had tossed the potato when he went outside with his rifle.

As they were fighting, Flynn raised his rifle and shot Demetrian, according to Flynn's statement and witness reports.

"The bullet went in him while he was still talking," Dominique said, according to the Journal-Sentinel.

Flynn, Rollins and the children got into two separate cars and drove away.

Flynn has been in custody since he was arrested in mid-May. Rollins was also initially arrested for allegedly urging Flynn to retaliate against the teens, but was never charged.

Rollins is also facing an unrelated prostitution charge, which court records indicate she will plead out at the end of October.

Judge David Hansher also rejected a request for continuance to give police more time to locate Rollins, who went missing over the weekend.

The trial will be broadcast live on Court TV.