Charges: Duluth man murdered victim day after shooting ‘the wrong guy’

The man accused of an October homicide was “on the hunt” for the victim and shot the wrong person a day before the killing, Duluth authorities said Monday.

Branden Russel King, 32, of Duluth, was arraigned on a charge of intentional second-degree murder in the death of Chazz Toney, 35, in the Central Hillside neighborhood.

Toney was shot in the back of the head immediately after exiting a residence at 209 W. Third St. at 12:17 a.m. Oct. 10, according to court documents. Witnesses reportedly told police King had been hanging around outside the apartment, inquiring about Toney’s whereabouts, and was seen standing next to his body after the gunshots rang out.

Another man had been shot in the chest approximately 24 hours earlier, a few blocks away, but survived his injuries. King allegedly told a witness that it was “the wrong guy” and that he was “supposed to find” Toney.

Authorities have not revealed any motive for the killing, but court documents indicate the case has significant ties to local drug sales.

“This case revolves around allegations that Mr. King was basically on the hunt for one victim, to track him down and kill him,” St. Louis County prosecutor Vicky Wanta said. “In trying to track down the victim, he accidentally shot the wrong guy and then found the actual, intended victim the next day and ended up killing him. So, we actually have two victims as part of this case.”

Toney was found face down with two 9 mm shell casings near his body when officers responded to the scene. A woman was crying on top of the victim, whom she identified only as “Cash.”

A criminal complaint says investigators were able to identify King as a suspect based on surveillance video from the Damiano Center, a homeless shelter that shares an alley with the apartment. Multiple people who were shown the footage reportedly confirmed he was the man seen walking behind the building at 11:45 p.m.

Forensic analysis also suggested the casings recovered at the scene were likely fired from the same firearm that was used in the shooting shortly before 1 a.m. Oct. 9 near Third Avenue East and Sixth Street, the complaint states.

A witness went on to tell investigators she was inside the apartment at 209 W. Third St. when King arrived in the early morning hours of Oct. 9. She said he showed her a small handgun with a red laser sight, asking her if she had seen Toney and indicating he was the intended target.

The complaint says King returned to the apartment the next day, wearing a mask and again asking about Toney. The witness reported he was “lingering in the vicinity of the porch” until about an hour before the shooting.

According to the complaint, another witness who lives in the apartment told police Toney came over to visit, smoke marijuana and prepare dinner. Moments after he left, both women reported hearing gunshots outside.

One of the women said she looked out a window and saw King, still wearing the same clothing and mask and “appearing frozen,” near the victim. The other witness tried calling Toney’s phone; she reported hearing the rings outside and saw his legs moving, but he did not answer and quickly became motionless.

King also faces a second-degree assault charge for the Oct. 9 shooting. In that case, the victim was reportedly walking down Sixth Street when he said an unknown man approached him, said something about drugs and started shooting.

The victim, identified in search warrants as Waisu W. Moore, 47, told police he returned fire. He was struck three times, suffering a broken clavicle.

King has a long criminal record, including felony convictions for fifth-degree drug possession and receiving stolen property. Other offenses include fleeing from police, escaping from the Northeast Regional Corrections Center, theft, trespassing and giving police a false name.

He is currently on probation after pleading guilty in August to violating a domestic abuse no-contact order. Another complaint was filed late Friday, charging him with two gross misdemeanor counts of domestic violence; he was allegedly captured on video striking his girlfriend in a downtown alley Oct. 10, the same day he is accused of killing Toney.

Judge Shawn Pearson granted a request from Wanta to set unconditional bail at $1 million based on public safety concerns and flight risk. However, he is also currently subject to a probation violation hold without bail.

Based on his history, King faces up to the statutory maximum of 40 years in prison if convicted of murder.

But the St. Louis County Attorney’s Office could also convene a grand jury to consider an indictment for premeditated first-degree murder, which carries mandatory life without parole.

King’s next court appearance is scheduled for Jan. 26.

The case was one of five reported homicides in the city last year, and one of three to involve gun violence. It was the only investigation that did not immediately result in an arrest.

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