Second man charged in shootout that killed two outside Cleveland bar

Da'Montais Banks Cuyahoga County Jail  CLEVELAND, Ohio -- A man charged in connection with a shootout outside a Cleveland bar that left two dead is also accused of breaking into one of the victim's families homes the following day, police say. Da'Montais...

Second man charged in shootout that killed two outside Cleveland bar

Da'Montais Banks Cuyahoga County Jail 

CLEVELAND, Ohio -- A man charged in connection with a shootout outside a Cleveland bar that left two dead is also accused of breaking into one of the victim's families homes the following day, police say.

Da'Montais Banks, 25, is charged with aggravated murder in connection with the Jan. 25 shootout that killed Julius Claxton, 30, and Darien Hayes, 22.

He also faces charges of aggravated burglary, kidnapping and possessing a weapon as a felon in an incident the day after the shooting.

Banks was arrested Tuesday morning when he showed up to his arraignment in Cuyahoga County Common Pleas Court in the aggravated burglary case. His bond was increased from $25,000 to $150,000.

He is the second person to be charged in the shooting.

Jesus Bey, an suspected member of the Loyal Always gang, is also charged with aggravated murder in the case. Bey's attorney, Angelo Lonardo, previously said that surveillance video shows Bey did not fire a gun during the shootout.   

The shooting happened about 8:30 p.m. outside the Harvard Wine and Grill on Harvard Avenue and East 142nd Street.

More than 50 shots were fired between the group, police said.

Bey was outside the Harvard Wine and Grill when Claxton pulled up in a stolen Nissan Rogue and started firing, court records say. Bey returned fire as he ran alongside Claxton's car, police said.

Banks also fired shots during the shootout, according to court records.

Claxton was found dead with gunshot wounds to his head and body, records say. Hayes was found dead on the sidewalk near the Nissan wearing a black ski mask. Investigators found rifle ammunition next to his body, police said.

Investigators found a semi-automatic rifle and a handgun inside the Nissan, police said.

Bullets shattered windows of the bar with about 50 people inside. No one was hurt.

Cleveland police vice detectives drove to the area and saw a large crowd gathering outside the bar. An SUV sped away as someone inside fired several shots at the undercover cruiser, police said.

Banks went to the home of one of Hayes' family members the next day as the family mourned the 22-year-old's death, according to court records. Police noted they were unsure why he went to the home in the 12200 block of Ingomar Avenue. 

Someone called police and officers surrounded the home, according to reports. Banks grabbed a 3-year-old girl and tried to take her upstairs in order to avoid arrest, according to court records. A woman inside the house grabbed the child back from him.

Several people ran from the home and police ushered them to a safe distance away, according to police reports. Banks walked out of the home and was arrested after a short standoff.

Police found an airsoft pellet gun that Banks hid inside the home, police reports say.

Banks posted a $25,000 bond set Jan. 28 at his first court appearance on the burglary and kidnapping charge.

His criminal history includes convictions for attempted drug possession, drug trafficking and possessing a gun despite having a felony record. 

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