A judge on Wednesday found probable cause to bind a Lincoln teen’s case over to district court for the fatal shooting of Damien Brave at a house party in March, over the defense argument that there was no evidence of premeditation.
Kashuan McCree, 17, is charged with first-degree murder and use of a deadly weapon to commit a felony for Brave’s killing March 31.
McCree didn’t know Brave, 18.
At a preliminary hearing, Lincoln Police Investigator Jason Drager testified that within the first few days of Brave’s killing, police had received numerous tips identifying McCree as the shooter.
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One witness told them he had run into Brave, who he knew from high school, just as he arrived at the party at a rental house near 27th and Fair streets around 11:30 p.m. In a conversation in the mudroom near the door they spoke about how it seemed like the type of party where “people would be carrying firearms.â€
Drager said he told police Brave specifically said he didn’t have a gun and didn’t like them before they both went in.
McCree
Soon after, the same witness said he noticed a guy “eyeballing†Brave from the kitchen. Within minutes, the man — allegedly McCree — was talking to Brave and heard to have said something like “If I were to shoot you would there be anything of interest in that bag?â€
“He said he then witnessed the individual pull out a tan gun and shoot Mr. Brave,†Drager said.
The officer said Brave was struck in the stomach, right thigh and knee, the shot to his abdomen was fatal. Despite attempts by witnesses to get him to a hospital, he was pronounced dead.
Drager said police found three shell casings, all of which were fired from the same gun and had McCree’s DNA on them, according to testing at the Nebraska State Patrol’s crime lab.
On April 6, McCree was arrested in a Detroit suburb on a warrant for Brave’s murder.
In an interview, Drager said McCree alleged that a guy at the party, who ended up being Brave, had been asking to buy marijuana. He said he didn’t have any.
In response, McCree alleged, Brave showed him a handgun in his waistband.
“Mr. McCree stated that he then grappled and wrestled with Mr. Brave. He said Mr. Brave fired off a shot in a ‘New York minute,’†Drager said, before McCree fired at Brave.
Asked if McCree’s version matched multiple witness accounts, Drager said “partly.†Others said the two did grapple.
“However, they said Damien was the one attempting to grapple with McCree and get McCree’s gun,†Drager said. “No other witnesses stated that Damien Brave had a firearm.â€
Brave
Defense attorney Tim Sullivan asked if he had any reason to believe McCree’s actions were premeditated.
“I guess it depends on your definition of premeditated,†the officer answered, adding that comments heard by witnesses could be inferred that way.
Asked if his investigation revealed that there may have been a sudden quarrel over Brave’s backpack, Drager agreed.
Sullivan argued that while the evidence may support second-degree murder, a killing upon a sudden quarrel, it “falls short of establishing premeditation.â€
On the other side, Deputy Lancaster County Attorney Jessica Murphy argued statements like McCree’s before the shooting showed both premeditation and an attempt to commit a robbery, which would qualify as felony murder.
In the end, County Judge Thomas Zimmerman said, that for the purposes of the hearing, he found probable cause to believe a crime was committed and that McCree had committed it.
And he set McCree’s arraignment in district court for next month.
Lincoln Police  Chief Teresa Ewins announces arrest of Kashuan McCree for his alleged role in Damien Brave's death. Brave, 18, died April 1 after he was shot four times at a house party the night before near 27th and Fair streets.
Remembering Lincoln's homicide victims of 2023
1. Julian A. Martinez
Police found 18-year-old Julian Martinez with one gunshot wound to his chest near 19th Street and Euclid Avenue on Jan. 21 after an argument over with a neighbor over their pet dogs devolved into a fatal shooting, according to authorities.
Prosecutors charged Martinez’s neighbor, 29-year-old Armon Rejai, with first-degree murder in the teen’s death.
, Martinez’s family said he cherished his sisters and nephews, who he loved to play video games and roughhouse with. He shared his life and love with his girlfriend and his best friend, along with numerous cousins and relatives, his family said.
2. Rudy Requejo Jr.
Rudy Requejo Jr., who was 22 months old, died at an Omaha hospital March 17 after weeks of suspected abuse and neglect, police investigators alleged in court filings.
Prosecutors charged the boy’s mother, 30-year-old Brittany Cook, and her boyfriend, 32-year-old Joshua Tackett, with child abuse resulting in the child’s death.
His family remembered Requejo Jr.’s infectious joy that, at times, brought previously feuding family members together.Â
“Junior had a smile that was like gravity,†his aunt said.
3. Ronald Gonzalez Rivas
Ronald E. Gonzalez-Rivas, 45, was one of two maintenance employees at The Lodge Apartments who were run over and killed at the south Lincoln complex on March 27.
A resident of the apartment complex, 27-year-old Taylor Bradley, was charged with six felonies for her alleged role in the brazen attack, including a first-degree murder charge in Gonzalez-Rivas’ death, according to court records.
In , his wife of 11 years, Georgina Molina, said she was deeply saddened by his death and asked for prayers for their family. Gonzalez-Rivas left behind two children, ages 19 and 26.
4. Christopher Karmazin
A longtime maintenance employee at The Lodge Apartments in south Lincoln, Christopher J. Karmazin was one of two men killed there March 27 when he and a colleague were run over and killed by a 27-year-old resident, police alleged.
Prosecutors charged Taylor Bradley with six felonies for her alleged role in the hit-and-run attack. She was charged with first-degree murder and use of a deadly weapon to commit a felony in Karmazin’s death.
, family said the Lincoln man left behind three children and a loving wife.
"Chris loved spending time with his friends playing board games and was an avid animal lover," a relative, Garrett Karmazin, said in a post pinned to the fundraiser. “He enjoyed spending time outdoors and working with his hands. His greatest joy was being a father."
5. Damien Brave
Damien I. Brave, an 18-year-old Lincoln man, died in the early morning hours of April 1 after he was shot four times at a house party the night before near 27th and Fair streets.
Police in Michigan later arrested 17-year-old Kashaun M. McCree for his alleged role in Brave's death, thought to have been the result of a robbery gone wrong. Prosecutors charged McCree, who police say fled to Detroit after the shooting, with first-degree murder.
Brave's close friend and family, who , remembered him as a goofy, fun-loving kid whose beaming smile demanded that others join in.
"If you felt like crap or you felt down, and you got one of his hugs, you just felt like you were safe," his mother, Heidi Brave, said. "I'm the mom. I should have made him feel safe. But the way he just hugged you, it just made you feel like you were something special."
6. Mark Kruger
Mark Kruger, 59, died May 7 after he was stabbed amid an argument at a family gathering that evening near 63rd Street and Baldwin Avenue.
Police arrested Kruger's son, Joseph Kruger, at the scene. The 40-year-old was later charged with first-degree murder and use of a deadly weapon to commit a felony for his alleged role in his dad's death.
In , Mark Kruger's family described the Lincoln man as a loving father, grandfather, brother and uncle who loved music, concert-going and riding his Harley.
"... He loved to make the world smile," Kruger's family wrote. "He loved camping, fishing and going out on the boat. Mark always, always gave compliments and encouragement to all and he would give the shirt off his back for anyone."
The family also to help pay for his funeral.
7. Zachary Svoboda
Lincoln Police found Zachary Svoboda dead at his home near the North 50th and Greenwood streets on Aug. 23, 2023.
An autopsy determined the cause of death to be intoxication from a combination of methamphetamine and fentanyl.
Investigators have identified physical and digital evidence, along with witness statements, that show Svoboda's death was intentional.
Police have alleged Amanda Wright devised and carried out a plan to kill Svoboda.
She is currently being held at the Lancaster County jail.Â
8. James Baylor
James Baylor, who often went by Jim or Jimbo but whose legal first name was Robert, died at a Lincoln hospital Sept. 5, nine days after he suffered a head injury in an apparently random assault near 13th and P streets Aug. 27.
Police of Lincoln on suspicion of first-degree assault in the hours after the attack. Prosecutors later enhanced the charges filed against Rodriguez Alvis, charging him with manslaughter following Baylor's death.
Baylor's friends and family remembered the 55-year-old as "a dear, kind, tender soul that touched a lot of lives."
"He was always interested in other people and what they were doing and always enthusiastic about them," said his brother, John Baylor. "And it was completely authentic."
9. Larry Cole
Larry Cole, 76, was found in his residence on the 1100 block of New Hampshire Street on Dec. 19. Officers went to the home on a welfare check, which was called in by one of Cole's family members.
Police received no answer when they knocked and smelled natural gas, which led them to call Lincoln Fire and Rescue who turned off the gas.
When the air cleared, police went in and found Cole dead inside, as well as another man.
Cole's death later was ruled a homicide.
Reach the writer at 402-473-7237 or lpilger@journalstar.com.
On Twitter @LJSpilger
Lori Pilger
Courts reporter
