LUFKIN, TX (KTRE) - A 19-year-old Diboll man accepted a plea bargain deal of eight years in prison for shooting another man and defacing a building on the Diboll Junior High School campus with graffiti.
Xavier Dason Levine appeared in Judge Barry Bryan's 217th Judicial District Court. As part of the plea bargain deal, Levine will serve a one-year state-jail sentence for the school graffiti concurrently while he is serving an eight -year prison sentence for the second degree felony aggravated assault with a deadly weapon.
The two crimes committed by Levine were unrelated.
Levine was involved in a shooting incident that occurred in the 1500 block of Eleanor Street on July 11.
According to the arrest report, Lufkin Police officers were dispatched out to a home in the 1500 block of Eleanor Street on July 11 in reference to a 911 call reporting that someone had been shot. When the officers arrived on the scene, they made contact with Kendrick Bayone, the victim, and two of his friends.
Bayone had a visible gunshot wound to his right hip and he was immediately transported to the hospital.
When LPD detectives arrived on the scene, they learned that one of Bayone's friends had captured the shooting incident and the events leading up to it on her smart phone. She consented to the detectives retrieving the video from her phone.
The video, which was approximately 11 minutes and 32 seconds in length, depicted several men fighting in the street in front of the house on Eleanor Street and in its front yard, according to the affidavit.
Toward the end of the video, one of Bayone's friends falls to the ground after defending himself against two other people. The affidavit stated that Bayone, who was fighting another subject several feet away, saw that his friend was outnumbered and ran to help him.
When Bayone got to his friend's side, he was confronted by a taller man with a short, Mohawk-style haircut, who was later identified as Levine. In the video, Levine brandished a gun and pointed it at Bayone's head before quickly lowering the pistol and firing a shot at the other man's hip, according to the affidavit.
According to the affidavit, the shot could be heard on the video recording. The video also showed dirt being kicked up directly behind Bayone.
A few days later, one of the LPD detectives was contacted by Bayone's guardian, who said that the young man had gone to live with relatives in another state. The uncle said that Bayone had told him that "X-Man" shot him, according to the affidavit.
The detectives talked to the female friend who had recorded the incident and showed her pictures of the three individuals involved in the fight and the subsequent shooting. According to the arrest affidavit, all three people were known to be affiliated with the "Young East Side Gang."
The witness singled out the photo of Levine and said he was the one that shot Bayone, adding that she only knew him as "X-Man" or "Xavier." According to the affidavit, the witness also told detectives that Levine had contacted her via Facebook two days after the shooting incident.
Levine was one of three people arrested for spray-painting gang-related graffiti on a large metal building at the Diboll Junior High campus in June 2013. An arrest warrant was issued for Levine after he allegedly signed a written statement that admitted to his part in the vandalism incident.
The arrest affidavit stated that the charge was upgraded to a felony because the graffiti was done on school property. Graffiti on a place of worship, a place of burial, or a public monument would also be a state-jail felony.
Ke"undra Dshae Bray and Preston Nathaniel Lee Brown were also arrested and charged with state-jail felony vandalism in connection to the spray-painted graffiti. A Diboll ISD detective was able to identify Levine, Bray, and Brown via surveillance camera footage.