STAMFORD -- Two men accused of killing a man driving a scooter while also shooting his passenger in the back in East Norwalk two weeks ago were arraigned on murder charges Tuesday.
Kyle Freitag, 21, of Seaview Avenue, Bridgeport, and Terrence Baxter, 22, of 44 Bayview St., Norwalk, appeared for brief hearings at state Superior Court in Stamford as their attorneys weighed whether or not they should ask for a probable cause hearing to determine if police had enough evidence to charge them with murder.
According to numerous police reports contained in their case files, Freitag, a former Norwalk resident, told police he shot at the passenger on the scooter on Oct. 30 because he believed the man was about to shoot at him.
Freitag said he was a passenger in his Dodge Caravan at 4:30 p.m., headed to get some carpentry tools.
As the van was driving south on Fort Point Street, Freitag said he spotted Bancroft Daley on the back of the scooter; he then saw Daley pulling a hoodie over his head and reaching into his waistband, a police report said.
Freitag told police he had to "take control" of the situation and fired his gun twice, saying he was acting in self defense, the police report said.
At least one witness heard two pops and saw the scooter drive onto a curb and flip over. The scooter driver, Dajon Johnson, 19, was found unresponsive and bleeding from the head, neck and mouth. He was pronounced dead at the hospital after his arrival, the police report said.
Daley, 18, who had been shot in the back, said he saw Freitag, known on the street as "K9," pull up in the Dodge Caravan, pull a gun and fire at him and Johnson, the police report said.
State Police pulled over Freitag and Baxter, who was driving the minivan, at Exit 18 off Interstate 95 in Westport.
Freitag told police where to find the gun, a black revolver with a brown handle that was under the passenger seat with two spent shell casings in the cylinder, police said.
"I shot that (expletive deleted)," Freitag allegedly told police at the highway exit.
Daley and Johnson are known members of the Rolling 20s MG gang and Freitag believes that the gang has killed his close friends Joseph Bateman, 20, in February and Amos "A.J." Brown, 18, in August 2010, police reports
said. The homicides remain unsolved.
Brown was arrested for the murder of Tykwan Hunt, 16, of Bridgeport, in January 2008. He was acquitted of the charge after his public defender, Howard Ehring, convinced a jury that Brown stabbed Hunt in self defense.
"Freitag says he lives in constant fear that he will be killed by this gang of people," a police report said.
After Tuesday's hearing, Ehring, who is now defending Freitag, said, "This has been an ongoing disagreement for a number of years now since the Tykwan Hunt, A.J. Brown tragedy. I think there have been threats going back and forth. I think some people have suffered physical damage, property damage. There have been allegations of shots being fired at individuals. It is a tragic thing with young people taking justice into their own hands. Unfortunately, some of these things are coming to an end in the deaths of these young kids and the prosecution of others."
Baxter's attorney, Frank DiScala, said there was nothing in the police reports that indicated his client did anything to hasten Johnson's death and the meeting of the four appeared to be totally random.
The two, who are being held on more than $900,000 bond, are to return to court Dec. 14.