Teen Accused of First Degree Murder In Choctaw Shooting, Attorneys Push For Lesser Charge

Editor's Note: Charges have been dismissed against Dayvion Hamilton by the district attorney.

For the first time, the attorneys for the teenager accused in the deadly shooting at a high school football game are speaking about the case. The 15-year-old suspect, Dayvion Hamilton, was back in court today, charged with first degree murder. He is accused of killing 16-year-old Cordae Carter at the Choctaw Del City football game in August. 

"There are other pieces other than what we have seen that we're waiting to get that definitely are going to shed a lot more light on what happened here,” said John Martino, one of Hamilton’s attorneys.  

Hamilton is represented by attorneys John Martino and Jaye Mendros.

"From the preliminary information that we have it seems like this was a big melee,” said Mendros. “Multiple shots fired, more than one weapon." 

They say he shouldn't face a first-degree murder charge. Choctaw police say an argument led to the shooting, and two weapons were recovered from the scene. 

"How is only one person being charged in this, particularly someone so young with such a serious crime?" Mendros said. "For right out of the gate, it does seem like an incredibly high charge for what occurred."  

Initially, Hamilton was arrested on a complaint of second-degree murder. The DA filed first-degree murder charges on September 11. 

Court documents say Carter got into an altercation with Hamilton’s friend before Hamilton approached him, firing. 

"It appears this came out of a fight. Which, from a lawyer’s perspective, sounds more like manslaughter," Mendros said.  

Hamilton's lawyers maintain there may be more to the story. 

"Once we are able to flesh out more of the evidence we're hopeful we can get him back where he should be as a youthful offender," Martino said. "I mean we want to make sure a 15-year-old's life isn't thrown away."  

Hamilton's preliminary hearing is set for December 13. 

News 9 is still working to find answers to other questions in this case. The name of the officer accused of shooting a 42-year-old man at the game has yet to be released. Both Choctaw and Del City police point to the Oklahoma County Sheriff's Office. 

A spokesperson for the department says that information is sealed by the District Attorney, pending a grand jury.