Dominque Moore, who is accused of gunning down 24-year-old Daniel Graves in Asbury Park in 2013, will remain behind bars pending a trial.
FREEHOLD - Two years after a 24-year-old man was gunned down in Asbury Park, a witness gave a statement to police saying he saw who fired the gun, prosecutors revealed Wednesday.
The eyewitness account would help investigators build a case against Dominique Moore, 25, who was arrested and charged on March 10 with the January 2013 killing of Daniel Graves. He is charged with murder and possession of a weapon for unlawful purpose.
Assistant Monmouth County Prosecutor Meghan Doyle said Wednesday at a detention hearing for Moore that a witness told police Graves had an altercation with someone at a pizza shop in Asbury Park.
There was then a conversation between Moore and two other men in which they decided they were going to "get the victim for being disrespectful," Doyle said, referencing the witness' statement to police.
A witness told police he saw Moore enter a house on Atkins Avenue, leave the home and then run through the backyard until he found Graves and shot him, Doyle said. Authorities had previously said Graves was found lying on the ground with multiple gunshot wounds after officers responded to a report of shots fired around 8:20 p.m. in the area of Bangs and Dewitt avenues. Graves was rushed to Jersey Shore University Medical Center in Neptune where he later died, authorities have said.
A second witness told investigators that he overheard Moore talking about how he shot someone and explain how the gun jammed, Doyle said. The gun jamming is consistent with reports from 911 callers that there were interruptions in the gunfire, the prosecutor claims.
The new details in the case were revealed during a detention hearing for Moore in which Superior Court Judge David Bauman ordered him to remain in jail pending a trial. Moore's attorney, Mark A. Bailey, maintains his client's innocence but told reporters outside the courtroom he's not sure if he will appeal the judge's decision.
"I might, but that's something I have to decide," Bailey said. "The prosecutor said this case is solved. The case is not solved. My client is still innocent until proven guilty."
Bailey argued other witnesses have stated Moore had nothing to do with Graves' death. Bailey said investigators also never found a gun.
"When you have contradictory statements, the case weakens," Bailey told Bauman.
If Moore were to be released, Bailey argued, an ankle bracelet or some sort of monitoring device would suffice.
In arguing for Moore's detention, Doyle said Moore mentioned to police in a statement following the shooting that he is affiliated with a gang and is, therefore, a danger to the community. Bailey claims his client indicated in the statement that he was once affiliated with a gang but no longer is.
Moore has convictions for four disorderly conduct charges, which are municipal-level offenses, and pending weapons charges.
Moore, wearing a green jail jumpsuit with the words MCCI imprinted on the back, sat in a swivel chair in the jury box facing Bauman throughout the more than 45-minute proceeding. Four of his family members sat in the front row of the gallery. On the other side of the courtroom, Graves' family filled at least three rows of the courtroom.
Graves' mother, Diane Mendez, wiped tears from her face with a tissue after Bauman declared her son's alleged killer would remain behind bars.
Alex Napoliello may be reached at anapoliello@njadvancemedia.com. Follow him on Twitter @alexnapoNJ. Find NJ.com on Facebook.