Darrius Spearman, 21 had been in a confrontation with the deceased the previous day, and had threatened to kill him when he saw him in the club.
Police were dispatched in the early morning hours of November 28, 2007, to Tiffany's, a popular nightclub located at 10th and Houston in Port Arthur. There they discovered Allen on the sidewalk in front of the club, the apparent victim of a single gunshot wound to the back. Fire and EMS personnel reported that Allen was dead at the scene.Darrius Spearman, 21 (dob 4/21/88), last known address 4416 Alamosa, Port Arthur, Texas, was sentenced today (47/30/09) to a term of fifty (50) years in the state penitentiary in connection with the 2007 murder of Marcus "Fish" Allen, a then 19 year old resident of Port Arthur.A subsequent investigation determined that a he had actually been shot inside the club and removed to the outside. The owner and bouncer testified that they were removing all apparent participants from a fight that erupted on the dance floor, which included Allen, but that Allen collapsed near the door after having asked that someone call his mother. It was when another club patron tried to administer CPR to Allen that the bouncer saw what appeared to be a wound in his back.
That patron, trained as a certified nursing assistant, testified that she had seen the fight erupt on the dance floor when the song "I'm A Gangsta'", by the rap artist Z-Ro, began to play. Several of the people on the dance floor began to flash gang signs and wave colored bandannas in the air. Spearman, an admitted member of the 4-3 Piru street gang, took out a gun, covered it with a red bandanna, and approached Allen. The witness then testified that she saw a flash coming from Spearman's hand, and Allen collapsed to the floor, where he had been dancing with a young woman when the fatal shot was fired.Spearman had been in a confrontation with the deceased the previous day, and had threatened to kill him when he saw him in the club. According to a statement given by another member of the 4-3 Pirus, he not only witnessed the confrontation the previous day, he also saw Spearman pull out a gun on the dance floor and left because he knew what was going to happen.Pathologist Dr. Tommy Brown testified that Allen had been shot in the back, and that the bullet went from right to left and back to front while traveling upward from his back and through his abdomen into his chest cavity. After piercing the diaphragm and bruising his left lung, the .22 caliber bullet pierced Allen's heart through and through, causing his death.Prosecutor Ramon Rodriguez said, "This was a senseless, vicious and stupid act. One young man is dead, and will never realize the promise and potential that his parents saw in him. He had a good, steady job that he had worked at for six month, was proud to have bought his first car with his own hard-earned money, and was following the advice that his father had given him about life. Spearman took all that away in a single moment, and the fifty year sentence that he got was well-deserved. I applaud the jury for that strong message to the community".
Spearman must serve twenty-five (25) years of today's sentence before he can be considered for parole, and still has two counts of aggravated robbery pending against him from an unrelated incident.
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