Second man sentenced in 2022 shootout that killed Charlotte DJ, father of 2

CHARLOTTE ( QUEEN CITY NEWS ) — Two men have been sentenced for possession of a firearm by a felon from a 2022 shootout in Steele Creek that killed an innocent man, according to the United States Attorney’s Office.

Everette Josiah Phifer, 30, and Marcus Alexander Allen, 29, were both sentenced to seven years in prison. Phifer will serve three years of supervised release following his sentence, and Allen will also serve a supervised release but the length wasn’t specified.

Court documents show Phifer was convicted in 2016 of assault with a deadly weapon inflicting serious injury and served a prison sentence. As a result, he is prohibited from possessing firearms.

Six years later, between Feb. 7, 2022, and March 5, 2022, Phifer illegally possessed a firearm. Specifically, on March 5, 2022, officers responded to a shootout near the 10000 block of Hilgrove Lane in the Steele Creek area.

When Charlotte-Mecklenburg Police Department officers arrived, they found at least 79 shots had been fired in the area from several guns.

Tragically, 48-year-old James Freiberg was in his apartment when he was struck and killed by a stray bullet. The investigation revealed Phifer and Allen were part of this incident.

Officials said witnesses told law enforcement about a particular apartment within the complex believed to be connected to the shooting. Authorities used a search warrant and found Phifer inside with fentanyl pills and several firearms including an SKS rifle and a loaded Glock handgun, with a laser attachment and ammo, hidden inside a toilet tank. Pictures of the two guns in Phifer’s apartment were found on his phone.

Meanwhile, officers found a Glock .40 caliber firearm in the parking lot of the shooting. Forensic testing of the gun positively determined Allen’s DNA was on the grip and magazine. Officials said the gun was a match to 19 discharged cartridge cases recovered at the scene, but this was not the weapon that fired the bullet that killed Freiberg.

According to court documents, a search warrant was used for Allen’s residence. Law enforcement officers found an SKS rifle, an American Tactical .300 caliber Omni Hybrid with a 30-round magazine, fentanyl pills, and an ID from New Jersey with Allen’s face but another person’s name. Officials said he has a prior federal conviction for aggravated identity theft and he is not permitted to possess a firearm or ammunition.

Allen pled guilty to possession of a firearm by a felon on Aug. 16, 2023. He was sentenced on Jan. 9, 2024.

Phifer pled guilty to possession of a firearm by a convicted felon on June 23, 2023. He was sentenced on Aug. 21, 2024, and will be transferred to the custody of the federal Bureau of Prisons upon designation of a federal facility.

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