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Defendant in Oklahoma drive-by-shooting fired fatal shot, passenger testifies

A prior dispute between rival gang members fueled confrontation that resulted in the shooting death of Khaelin Irving, 17.
by Tim Willert Published: March 27, 2013

A former Star Spencer football player fired a single shot in a car-to-car shooting that claimed the life of a 17-year-old boy, a passenger in the victim's car testified Tuesday.

Prosecutors told a jury hearing the case against Darrin Paul Burton Jr. that a prior dispute between rival gang members fueled a confrontation at a traffic signal that led to Khaelin Irving's death on June 14, 2011.

Burton, 21, of Midwest City, is charged with first-degree murder and three counts of intentionally shooting a firearm from a vehicle.

Police said Irving was riding in a car with three other people, including his brother, when a gold car began following them near NE 23 and Douglas Boulevard.

Burton's attorney, in his opening statement, said his client, a passenger in the gold car, acted in self-defense after a passenger in the other car pointed a gun.

“He ducked and fired one shot to save his own life,” defense attorney Malcolm Savage said of Burton.

One of the passengers in the victim's car, though, testified no one riding in a maroon Toyota Camry had a gun.

Diante Windham didn't deny his gang affiliation or his dislike for the driver of the gold car, co-defendant Davian Ramone Blair.

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