Defense lawyers were taken aback when a Lake County judge sentenced Dahvee Brunson to 142 years in prison.
It was “substantially more” than co-defendant Kriston Barbee’s 125-year sentence, lawyer Herb Shaps said. “I don’t know why that should be.”
I explained the reasons, Judge Samuel Cappas told Shaps. Not everything is “apples to apples.”
Brunson, 19, of Gary, got 62 years for murder, 62 years in a gang enhancement and 18 years on a gun enhancement in the Feb. 15, 2023, death of Orie Dodson, 13.
Police alleged Elijah Porter, Brunson and Kriston Barbee killed him in a drive-by shooting in front of Power & Light Church, located at 1351 Lincoln St., in Gary on Feb. 15, 2023.
Authorities believe on a two-way Instagram Live video, Dodson was disrespecting Julius “Chop” James IV, 24 — a “revered” and “untouchable” figure in the 49th Avenue Boys gang, according to court records. James was gunned down in Gary on Feb. 11, 2019.
Dodson had been starting to “associate” with a rival 5th Ave. gang, prosecutors said during trial.
Brunson’s lawyers indicated he would appeal. Porter’s case is still pending. Barbee was sentenced in August 2024.
Police recovered 38 bullet casings. Dodson ran as shots rang out. He died from a single shot to the back. He was also wounded twice in the legs. They had previously threatened to shoot up Dodson’s mom’s house, prosecutors said.
Deputy Prosecutor Tim Brown said Friday Brunson helped gun down a “defenseless” 13-year-old partly so he could boast about it on social media and lyrics for uploaded rap videos.
In a pre-sentence court interview, Brunson denied he was a gang member, but there was enough evidence to show that was a lie, Brown said. He wanted to kill and the group’s spat with Dodson gave him that “opportunity.”
Brown, with co-counsel Kasey Dafoe, asked for 145 years. He noted Indiana law allows juveniles convicted of murder to petition after 20 years to modify their sentence.
Prosecutors agreed to dismiss Brunson’s cases for machine gun possession and cocaine possession.
Shaps, representing Brunson with co-counsel Brett Galvan, noted his client rejected a 45-year plea deal to go to trial.
He asked for leniency, saying Brunson was young, influenced by older people and his actions were “extremely immature.”
Barbee picked him up in a borrowed vehicle. Brunson wasn’t the “initiator,” Shaps said. His “culpability” was “far less than Barbee’s.”
He asked for the minimum — 95 years — noting that was “awful.”
Galvan added in court that Brunson’s lyrics showed a spark of creativity and maybe that could be harnessed in prison.
“His path is not etched in stone, yet,” he said.
Brunson declined to speak in court.
Cappas noted that science shows a person’s brain isn’t fully developed until they are 25, but even Brunson should know “right and wrong.”
There was “plenty of evidence” that Brunson had Glock switches that effectively turned a handgun into an automatic weapon. It was a “tool of the trade” used by gang members to “execute people,” he said.
Police found three different casings and there were three people in the vehicle, Cappas said. He helped kill a child “just over plain words.”
Barbee was not sentenced for a gun enhancement, like Brunson, records show.
mcolias@post-trib.com