Court Upholds Murder and Armed Robbery Conviction in 2017 Shooting Case

On January 13, 2025, the Court affirmed the conviction of John Deangelo Sharkey for the malice murder and armed robbery of 29-year-old Dominique Barker, who was fatally shot on December 6, 2017.

The evidence presented during the trial included the testimony of two child witnesses, J.H., aged 8, and R.W., aged 7, who identified Sharkey as the shooter. Both children testified that they saw Sharkey holding a gun and standing over the victim’s body.

Additionally, a 4-year-old witness, D.B., was also shown a photo lineup but identified a man other than Sharkey. However, this identification video was excluded from the trial. Sharkey appealed, arguing that the trial court erred by excluding the video, and that his trial counsel was ineffective for failing to file a pretrial notice or subpoena D.B. to testify.

The Court reviewed the claims and determined that any error in excluding the video was harmless. The Court found that the evidence of Sharkey’s guilt was strong, including the fact that Sharkey’s cell phone had communicated with the victim’s phone shortly before the shooting. Additionally, both J.H. and R.W. had positively identified Sharkey. The Court also found that D.B.’s identification was unreliable, as D.B. was not fully attentive during the photo lineup and showed signs of distraction.

Considering these factors, the Court concluded that there was no reasonable probability the jury’s verdict would have changed if the video had been admitted, or if trial counsel had taken further steps. Sharkey’s conviction stands, and his appeal was denied.