Livingston Apartment fatal shooting caught on video; son's bond reduced; 2nd man arrested

ASHEVILLE - A 23-year-old facing an attempted first-degree murder charge appeared in court July 16 for actions his defense attorney said were “inarguably reasonable and prudent.” The same day, a second man was arrested in connection to the June 24 fatal shooting at Livingston Apartments.

Isaiah Rayshawn Waddell, 23, of Asheville, was arrested on June 25 and charged with attempted first-degree murder for shooting a 16-year-old juvenile who fatally shot his mother – Ashley Ryan Waddell – moments before, according to court records and a video obtained by the Citizen Times.

Waddell appeared in Buncombe County District Court July 16 for a probable cause hearing, where two Asheville Police Department detectives were called to testify, and two videos of the shooting were played in front of Judge Patricia Young.

Prior to the hearing, Assistant District Attorney Stormy Ellis asked Young to move the case to a later date because the main investigator, Detective Albert Ball, was on vacation. Amid questions from the judge – who said she was trying to establish if the state was given enough notice to prepare for the hearing – Chief Public Defender Sam Snead read the following email he sent on July 11:

“From the information we’ve gathered, Isaiah Waddell’s actions in defense of his mother and others at the scene were inarguably reasonable and prudent. We want a probable cause hearing and would oppose any continuance July 16.”

What information, video has been gathered?

During the July 16 hearing, it was revealed that Ashley Dixon was brandishing an AR-10 in the street at Livingston Apartments before the shooting occurred, which constituted a crime of going armed to the terror of the people, Snead said.

He was arrested July 16 on that charge and one count of simple affray, according to police records. Simple affray applies to a fight in a public place, which caused terror to others, according to the UNC School of Government.

“There’s an argument going back and forth. It’s escalating,” Snead said about the events leading up to the shooting.

Eric Collins, who was working at Aloft on Biltmore, got a call from someone at the apartment complex and went to challenge Dixon to a fist fight, according to Snead.

“They just start fighting and Eric Collins is initially getting the better of him, but he runs out of gas,” Snead said.

Ashley Waddell then approached the scene and shot a gun into the air, causing some people to scatter, Snead told the Citizen Times. Her youngest son, then comes out and gives her a baseball bat. During this time, a juvenile grabbed Dixon’s automatic rifle from a Camry parked nearby, Snead said.

Waddell’s phone, which was propped up in her living room as a surveillance camera, captured the incident, according to court proceedings. A portion of the video depicting the shooting was obtained by the Citizen Times.

More: Fight at Asheville's Livingston Apartments leaves 1 dead; police investigating

In the video, Isaiah Waddell and his younger brother are in front of their mother’s home, watching five people fight across the street. Collins, Ashley Waddell’s boyfriend, is seen on the pavement getting his hair pulled and head punched by Dixon.

Meanwhile, Ashley Waddell is holding a gun with her left hand and hitting Dixon with a baseball bat using her right arm. From the angle of the video, she doesn’t clearly raise the gun to shoot and is repeatedly swinging the bat.

A juvenile is seen pushing another person away from the three people actively fighting. One of Waddell’s sons then approaches the fight after Isaiah Waddell told him to get the bat from his mother, according to Snead.

Ashley Waddell is still hitting Dixon over the head with a bat and holding a gun with her back turned toward the camera. At this moment, the juvenile raises the automatic rifle and shoots, hitting Collins in the leg and shooting Ashley Waddell in the pelvis. Waddell died minutes later from the wound, according to her death certificate.

Within two seconds, Isaiah Waddell fires his handgun and hits the juvenile, who runs into the house. The juvenile was later taken to the hospital by their mother, the Citizen Times previously reported.

Isaiah Waddell is then seen running across the street to grab the AR with his gun raised, telling the Dixons to “stay back,” according to Snead.

“The juvenile has not been charged with anything at this time,” APD spokesperson Rick Rice confirmed.

“As an ongoing investigation, detectives are in contact with the DA's Office regarding potential future charges. Information is still being gathered and anyone with information is encouraged to call APD at 252-1110, anonymously by texting TIP2APD to 847411, or using the TIP2APD smartphone app.”

What evidence was shown in court?

At the July 16 hearing, Detective Pat DeStefano testified in court that he responded to the shooting. DeStefano described the scene in one of two security videos from Livingston Apartments played during the hearing. The two videos showed different angles of the altercation from both sides of the street.

The prosecution “wanted to slow everything down frame by frame and essentially say that Ashley Waddell, at some point, placed the kid in imminent fear and that’s what justified the kid … to raise the AR 10,” Snead told the Citizen Times.

The state argued that Ashley Waddell is the aggressor and Isaiah Waddell, under the first-degree murder charge, acted in retaliation with premeditation and deliberation, according to Snead.

On the stand, DeStefano indicated the juvenile shot Collins in the leg while raising the AR 10, which he conceded, “was very reckless,” Snead said.

Snead argued, “if he’s recklessly brandishing an AR 10, that should be sufficient justification to use deadly force against him.”

More: Fatal shooting at Livingston Apartments: Asheville police release cause of death, timeline

Another detective, Adam Roach, described a second video from a different housing camera that purported to show Waddell discharging his gun and the projectile going into an occupied neighboring building, but not the Dixon’s home, Snead said.

In cross examination of Roach, Snead asked about an interview between Investigator Albert Ball and Eric Collins. The state objected to discussion of the interview, but the judge overruled.

“The whole thing is at least captured on video, but (with) interpretation, it goes out of my hands to the point of who makes the decision in the end,” Ball said in a video viewed by the Citizen Times. “I had to stand in there and talk to Isaiah, too, and let him know that his mom had passed.”

“I can see both (sides); I can see the side of Isaiah where he’s at and what he’s seeing,” Ball said later in the video.

The judge found probable cause against Waddell on both of his charges, according to Snead.

Waddell had a combined $100,000 bond, which Snead asked the judge to lower in a following bond hearing. Young gave Waddell a $50,000 unsecured bond on his charge of discharging a weapon into occupied property and lowered the attempted first-degree murder bond to $25,000.

If his family can pay his bond, “hopefully by the end of the week,” Waddell will be placed on electronic monitoring, but allowed release for work, treatment and to visit his mother’s grave an hour per week, Snead said.

More: 'Good-hearted man': Asheville City Council member's nephew killed in fight July 13

Family members comment on loss, injury, feuding

Judge Young asked the juvenile’s mother, Latodjala Dixon, to comment on the conditions of release. In her comment, she said they did not intend for any of this to happen.

Snead told the judge he can’t speak for Eric Collins or anyone else “upset because a woman was killed,” but Isaiah Waddell has “no opportunity or inclination” to do anything.

Standing outside the court room, Ashley Waddell’s family said they weren’t there during the gunfight but went to Waddell's home after to pick up her dogs and found the security camera.

Waddell’s family didn't know Ashley Dixon, they said, who lives across the street from Ashley Waddell. They said the Dixons didn’t like Waddell for some reason, describing what sounded like feuding neighbors.

“We just knew she’d been having problems. They had something against her for some reason,” sister Jennifer Waddell said.

“She had a good heart. I really don’t know why she had enemies,” Diane Brigmon said.

They described their sister, daughter and aunt as a “bubbly” person, who always made people happy. She was “Mom No. 2” to her nephew.

More: 'The police won't come': Residents decry inaction to violence in Asheville public housing

Ryley Ober is the Public Safety Reporter for Asheville Citizen Times, part of the USA Today Network. Email her at rober@gannett.com and follow her on Twitter @ryleyober

This article originally appeared on Asheville Citizen Times: Livingston Apartment fatal shooting caught on video; son's bond reduced; 2nd man arrested