Pair charged with murder in Easter killing

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Two men have been charged with murder in the Easter morning killing of a man at a north-side apartment complex.

Tyrion L. McNair, 25, and Joshua A. Smiley, 21, have been charged with murder related to the April 1 killing of 26-year-old Javon Burnett in the 3900 block of Newport Avenue. Burnett was found between two apartment buildings in the Summit and Ridgewood apartments complex, shot to death.

According to a probable cause affidavit, Fort Wayne Police investigators interviewed numerous witnesses about the killing. One witness gave police Burnett’s cell phone, which was taken from the scene before police arrived.

On that phone, police found a call that took place minutes before the shooting between Burnett and “Lil Josh,” who was identified as Smiley, the affidavit said.

Police found another phone at the scene, which was found to be McNair’s phone. According to the affidavit, McNair – a member of the MAFIA street gang – was under wiretap investigation by the FBI and had an active federal arrest warrant.

Another witness told police that on the morning of April 1, he let Smiley borrow his Hyundai Sonata and let McNair borrow his gun. The witness said he knew something was going to “go down,” but said “it flew past my mind” that the men aimed to kill Burnett, the affidavit said.

The witness said when Smiley and McNair returned, though, McNair said the gun was gone and he refused to say where it was, the affidavit said. The witness also said McNair told him that he’d dropped his cell phone and could not find it.

Traffic camera footage showed the Hyundai in the area around the apartment complex where Burnett was killed just before the shooting, the affidavit said.

On April 6, police pulled over a Chevrolet Malibu. Inside, police found Smiley, McNair and another person, along with two guns and marijuana, the affidavit said.

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