ALLEGED NIGHTCLUB SHOOTER HELD ON $1M BAIL Feb. 25, 2008 A Milton man was held on $1 million dollars cash bail today following his arraignment on a litany of violent offenses that include shooting two people in a crowded downtown nightclub early Sunday morning, Suffolk County District Attorney Daniel F. Conley said. DAMION J. POWELL, a.k.a. DAMION J. HALEY, (D.O.B. 1/25/84) of Milton pleaded not guilty in Boston Municipal Court this morning to two counts each of armed assault with intent to murder and assault and battery with a dangerous weapon, as well as single counts of unlawfully carrying a firearm, unlawful possession of ammunition, unlawfully carrying a loaded firearm, discharging a firearm within 500’ of a building, assault and battery on a public employee, and resisting arrest. The charges stem from Powell’s arrest by members of the Boston Police Youth Violence Strike Force shortly before 2:00 on the morning of Feb. 24 at Aria, a nightclub on Tremont Street. The officers, with a Massachusetts State Police trooper assigned to the YVSF, were present to head off any potential gang activity inside the club when they observed a group of individuals exchanging heated words that quickly became physical. Bottles were swung and drinks were thrown – including one that soaked several people on a raised platform overlooking the crowd. As the melee erupted into an all-out brawl, officers heard three to four gunshots coming from the platform. One officer present on that platform turned to see the gunman, later identified as Powell, standing with his right arm extended and firing into the crowd – apparently at random. Two civilians were hit in their elbows by the gunfire, including one who was grappling with a police officer. Fearing for that civilian’s safety, that officer forced the victim to the ground. As he did so, Powell attempted to flee the nightclub but was tackled by officers who ordered him – without success – to drop the weapon. Powell struggled violently but the officers were able to disarm him. Officers recovered a 9mm semiautomatic Intratec handgun loaded with five rounds in the magazine and another in the chamber, as well as two spent shell casings. In a post-Miranda statement given after his arrest, Powell gave a statement to the officers. “I had beef with them [expletive],” he allegedly explained. “They threw a drink so I had to come out with it.” Two civilians suffered gunshot wounds to their elbows, with one suffering a through-and-through injury and the other receiving a relatively minor graze. Another civilian sustained a head injury when an unknown clubgoer broke a champagne bottle over his head, and a state trooper assigned to the YVSF suffered a broken arm during the free-for-all. “But for the grace of God, no one was injured more seriously,” Conley said. “The actions of this defendant – and, frankly, that crowd – were so reckless as to defy understanding. The officers did an outstanding job preventing further bloodshed, and the injured trooper has all our hopes for a speedy recovery.” Powell, who was held without bail on open larceny cases out of Dorchester and Quincy district courts, was represented today by attorney Josh Haney. He will return to court on March 24. Return to the Press Releases page.