A Milwaukee man allegedly killed two after a judge rejected a bail increase

Daeshaun Graves had already been charged with armed robbery and released on bail when he arrived at a hospital with gunshot wounds on January 31.

Police have found security footage showing the 20-year-old pointing a gun at someone before he was shot — violating the terms of his pretrial supervision in the armed robbery case.

The next day, prosecutors asked the judge to increase his bail from $10,000 to $100,000. The judge, Danielle Shelton, refused.

Graves remained empty.

In the months since, prosecutors say, Graves shot and killed two people — including his uncle Darrell Antwon Harbor in July — and faces first-degree reckless homicide charges in both cases.

A month after his uncle was shot, on August 4, Graves allegedly shot killed Quincy Smith of Milwaukee after an altercation when Smith found Graves with his on-and-off girlfriend. He would burn the vehicle with Smith’s body inside, prosecutors say.

Shelton declined to discuss the decision not to increase his bail in the armed robbery case, citing the outstanding cases against Graves.

However, in an email response to the Journal Sentinel, the judge outlined the “fundamental principles” of the criminal justice system and the process of bail applications in court.

“It is a fundamental principle of our criminal justice system that a suspect is innocent until proven guilty. The state and the state alone bears the burden of proving a suspect guilty beyond a reasonable doubt,” she said in the email. “If there are allegations that a suspect has violated bail conditions, the state may request an increase in bail.”

Graves remains in jail on two reckless homicide charges and a $1 million bond, according to the Milwaukee County sheriff’s jail roster.

Prosecutors are asking to increase Graves’ bail despite alleged violations of conditions

Graves’ bail jumping charge stems from a June 2023 case in which Graves allegedly assisted in an armed robbery, according to a criminal complaint.

In that case, Graves allegedly crashed a vehicle he was driving into another vehicle, and the two drove to a nearby parking lot. A woman in the car Graves was driving later pulled out a gun and the driver fled the scene, only to look back and see their vehicle and Graves’ vehicle driving away.

Police found the vehicle later that day and Graves would later admit his involvement to police, the complaint said.

In that case, Graves was released on $10,000 bail on August 7, 2023, on the condition that he not possess a firearm, according to court records. However, on February 1, prosecutors asked to increase his bail to $100,000, citing armed robbery, possession of a weapon, recidivism and dishonesty with police.

That question came after Graves went to the hospital with gunshot wounds on January 31. The prosecutor’s request said Graves “provided false information to officers but was released from the hospital before police could obtain video of the incident.”

Officers later viewed a video, the document said, that showed Graves pulling out a gun and pointing it at someone else. Under the terms of his bond, Graves was not allowed to possess any firearms.

On February 8, Shelton denied the prosecutor’s request to increase his bail.

Graves was also out on bail in another case, a misdemeanor charge of obstructing or resisting an officer. He will hold a status conference in that case on December 6.

Milwaukee County Chief Deputy District Attorney Kent Lovern declined to discuss Shelton’s decision, calling it an open case.

“Generally speaking, I would say if we’re asking for a bail increase, we think we have a good case for it,” Lovern told the Journal Sentinel.

The next hearing in the armed robbery case is Dec. 6 for a status conference.

The latest indictment alleges Graves shot his uncle a month before the other murder

The latest charges against Graves were filed on November 4, and prosecutors allege the 20-year-old fatally shot his uncle on July 15.

According to the criminal complaint, Graves’ girlfriend told police he admitted to shooting and killing his uncle. The shooting occurred after the two got into an argument after the uncle’s dog bit Graves and another family member.

A relative of Graves and the uncle declined to comment.

Graves told his girlfriend he had done “something bad,” the complaint said. She told police that Graves was approached by his uncle, who spoke disrespectfully to him, and Graves warned him to back off or he would shoot him.

The uncle continued to approach him and Graves shot but did not intend to kill him, the complaint said. Graves pointed the gun at his uncle’s legs, but the weapon was modified to be fully automatic and the recoil of the weapon led to him shooting his uncle in the abdomen.

The complaint says police reviewed security footage of the altercation, which correlated with the girlfriend’s account of the incident.

That happened about a month before Graves allegedly shot and killed Quincy Smith.

The investigation into that murder appeared to help lead police to Graves in connection with his uncle’s death. The complaint states that a police detective searched Grave’s car after Smith’s murder and found a gun that matched bullet casings found at the crime scene of his uncle’s death.

The Journal Sentinel was unable to reach Smith’s family for an interview.

Graves is scheduled for a preliminary hearing on Nov. 12 for the alleged reckless homicide on July 15 and a scheduling conference on Nov. 22 on the alleged reckless homicide in August.

David Clarey can be reached at [email protected].