The Journal Gazette
Thursday, November 15, 2018 11:34 am

Alleged murderer facing federal drug charges

MATTHEW LEBLANC | The Journal Gazette

A Fort Wayne man charged with murder in the Easter morning shooting death of Javon Burnett, 26, also is facing federal drug charges. 

Tyrion McNair, 25, allegedly sold thousands of dollars worth of methamphetamine to an FBI "confidential human source" in January and March, according to a criminal complaint filed in U.S. District Court in Fort Wayne. Documents allege the source bought the drug at least twice from McNair, who was paid $2,460. 

"(The source) performed multiple controlled purchases of methamphetamine from McNair in February and March of 2018, including a controlled buy on March 12, 2018," a criminal complaint filed in April by FBI task force officer Adalberto Martinez says. 

In that case, McNair allegedly sold the source 3 ounces of methamphetamine. 

A five-count indictment was returned April 25, and court records show McNair is in federal custody. 

He is one of two men charged in the April 1 murder of Burnett, who was found shot to death between two buildings at The Summit at Ridgewood Apartments. Joshua Smiley, 21, also is charged with murder. 

Court documents do not indicate a motive for the killing. 

Defense attorney Ryan Gardner filed paperwork last month in Allen Superior Court that asks a judge to dismiss McNair's murder charge. He argues the charge should be dropped because he hasn't been brought to trial within 70 days of filing a demand for trial – an alleged violation of state law. 

Allen Superior Court Judge Fran Gull has not ruled on the request, and a trial date is scheduled Jan. 8. Smiley's trial is set to begin Jan. 15.

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