A Topeka man accused of recklessly shooting and killing an 18-year-old Lawrence man pleaded guilty Monday to second-degree murder after reaching an agreement with the Douglas County district attorney.

Dawson Edward Paine, 22, had been scheduled to face a jury on one charge of second-degree murder in the March 5 death of Davin Gregory Kerr, who was shot in his bedroom in the 2900 block of Crestline Drive. However, potential jurors were dismissed Monday morning after the agreement.

Testimony in Paine’s preliminary hearing indicated that the incident occurred while Kerr was playing video games with Paine and another Lawrence man, Hunter Gaines. Gaines testified during the preliminary hearing that Paine was in possession of a 9mm Ruger pistol and was pointing the loaded gun at Gaines and Kerr when it went off.

Paine fled the scene but was apprehended days later in Topeka. At the preliminary hearing, Lawrence police testified that during their initial interview with Paine, he admitted to shooting Kerr with a gun he had stolen from a friend days earlier.

Based on Kansas sentencing guidelines, Paine potentially could have spent up to 11 1/2 years in prison. According to the agreement made on Monday, prosecutors are recommending a downward departure to a sentence of seven years.  

Douglas County District Judge Amy Hanley made clear that Monday’s agreement is only a recommendation, and that she still has the option to give Paine a longer sentence.

“It will be up to me entirely to decide whether 84 months is appropriate,” Hanley said. “Do you understand that a departure means I have to agree there are substantial and compelling reasons to depart from the presumptive sentence?”

Paine stood as Hanley went through the details of the agreement to be sure Paine understood what was being offered and the defense opportunities he would lose by avoiding trial.

Paine, who told Hanley he left school in 10th grade, indicated that he had gone over the document with his attorney and understood all of the agreement details. He answered each of Hanley’s questions with a firm, “Yes, your honor.”

Paine had been serving probation for a 2022 charge of endangerment/recklessly exposing to danger of great bodily harm or death, and child endangerment. As part of Monday’s agreement, that probation was adjudicated “closed as unsuccessful but concluded.” An additional March 2024 charge of criminal threat was dismissed.

During the September sentencing hearing for Maliq’e Crenshaw, Paine was identified as being part of a group of Topeka men who came to Lawrence in June 2023 after threatening Crenshaw and his friends. That incident resulted in the shooting death of Paine’s cousin, 20-year-old Cameron Renner.

A dozen supporters sat behind Paine and court-appointed attorney Michael Clarke during Monday’s hearing. Kerns’ friends and family sat opposite, behind Deputy District Attorney David Greenwald and Assistant District Attorney Samantha Foster.

Representatives of both Paine and Kerr are expected to make statements to the court during Paine’s sentencing, scheduled for Feb. 20.

Regardless of sentence, upon his release from prison, Paine will be subject to three years of post-release supervision and will be required to register as a violent offender.

Andrea Albright (she/her), reporter, can be reached at aalbright (at) lawrencekstimes (dot) com. Read more of her work for the Times here. Check out her staff bio here.

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