Tuesday, Jul 22, 2014
Local News

No motive apparent for Council killing, affidavit says


Published:   |   Updated: May 6, 2014 at 02:34 PM

— A man charged with killing a former Avon Park High School star football player at first blamed it on a drug deal that went bad, but reportedly later told witnesses he shot the victim numerous times, according to a warrant affidavit released Monday.

Javon Douryan Moses, 19, of 448 W. Perry Drive, Avon Park, was charged last week with murder without premeditation and possession of a weapon or ammunition by a convicted felon in connection with Dwayne Council Jr.’s death in November.

Moses said at first the killing was connected with a drug deal that went bad, a witness told authorities, according to the affidavit.

The witness said Moses told him that he was headed to meet some Hispanics for a drug deal, the affidavit said.

Later, the witness told authorities he saw Moses and he was “acting very strange and very nervous,” and had changed his clothes.

The witness asked where Council was and Moses told him “the deal” went bad and the “Chicos” (the term Moses used for Hispanics) started shooting, the affidavit states.

Moses said he used Council’s gun to fire one shot at the “Chicos,” authorities say.

Moses reportedly told the witness he and Council “split ways” after the shooting and he buried Council’s gun in an orange grove close to his mother’s house, the report states.

The affidavit, however, doesn’t mention any evidence was found and that anyone other than Moses and Council was at the scene.

Another person interviewed said while he was in jail with Moses, the accused killer told him “he shot Dwayne Council Jr. until the gun was empty,” but did not give a reason for the shooting, although he noted he was high at the time, the affidavit said.

Another person said that Moses told him that “he (Moses) came around a corner and shot Dwayne Council Jr. two or three times in the face and five or six times in the chest, which caused Dwayne Council Jr. to fall,” the affidavit said.

Evidence showed that Council was shot in one location, but he ran to another, where his body was discovered, the affidavit said. No evidence exists that Council had a gun when he was shot and witnesses told authorities he handed his gun to Moses not long before he was shot, authorities say.

An employee of the medical examiner’s office told investigators that Council would have lived no more than two minutes after being shot and that bullets pierced his heart and lungs, the affidavit said.

A witness heard gunshots and a passerby found Council, 21, lying injured at 4:30 a.m. Nov. 23 in the 200 block of East State Street in Avon Park. Council was later pronounced dead at Florida Hospital.

Evidence also showed that Moses and Council were the only people present in that immediate area where Council was shot, the affidavit said.

Only two sets of footprints were found leaving the area and one included the imprint of the bottom of a shoe with letters on it, the affidavit said. Authorities later searched Moses’ residence and found a box for shoes that would have left a footprint similar to the ones found with letters, the affidavit said.

Detectives located Council’s gun — the one that Council reportedly gave Moses — after intercepting a letter from Moses’s cell block, the affidavit said.

The letter, which authorities said appeared to be in code, asked someone to retrieve the gun, the affidavit said.

A witness told authorities that a week before the shooting Moses had asked him for money to buy the gun.

When the witness indicated he would not give the money, the suspect said he would “get the money somehow,” the report said.

The witness said that “for some reason, Moses wanted that gun bad.”

The affidavit also noted that following the shooting, Moses burned his clothes. Moses was arrested last year and charged with tampering with evidence in connection with reportedly burning his clothes and has been in jail since Dec. 13. He continues to be held without bond in Highlands County Jail.

jmeisel@highlandstoday.com

(863) 386-5834

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