photo by: Courtesy of Cliff Phillips

Victor Gabriel Moreno is pictured with his son, Valentino in this contributed photo. Moreno was killed Oct. 18, 2026, in a downtown Lawrence shooting.

The defense attorney for a man charged with murder in a recent downtown shooting is claiming that his client acted in self-defense or defense of others, and he intends to request immunity from prosecution.

Branden Smith, who represents Daileon Maurice Thomas, 23, asked Judge Stacy Donovan on Thursday for Thomas to be released from the Douglas County Jail on a personal-recognizance bond pending his prosecution, citing the self-defense claim and asserting that Thomas was neither a flight risk nor a danger to the community – a request that Donovan denied.

Smith said in a written motion that evidence indicated that Thomas was merely reacting to a fight that had broken out in the 700 block of New Hampshire Street in the early-morning hours of Oct. 18, when Thomas was working in his mother’s food truck. Smith alleged that a coworker of Thomas’ was being choked and beaten and that Thomas had come to the person’s aid by firing a shot, which killed 23-year-old Victor Gabriel Moreno.

Prosecutor Eve Kemple, describing the case as a thoroughly investigated one with “overwhelming evidence,” opposed Thomas’ release and disputed the claim of self-defense. She noted that Thomas was charged with intentional second-degree murder in the death of Moreno. Kemple said that a witness at the scene had described a scuffle, then saw Thomas go to a Lexus, retrieve a gun, point at Moreno and shoot.

Kemple said that Thomas’ mother was a witness in the case, and it would be improper for Thomas to live with her at her Olathe home, where he could discuss the case with her and multiple other relatives who were also witnesses. Because he has no connection to Lawrence, she argued that he would be a flight risk. She also asserted that he would be a danger to the public, noting that he is still on diversion for a domestic battery case in Johnson County.

Judge Donovan said she did not feel compelled to change Thomas’ bond at this time, but noted that she could possibly reconsider that decision as the case progressed. She did grant Smith’s request for Thomas to be able to communicate with his mother while he’s in jail, but warned Thomas that he was not to discuss the case with her and that jail recordings could detect if he had done so.

Thomas’ next court date is a scheduling conference on Nov. 24. He remains in the Douglas County Jail on a bond of $500,000 cash or surety.

Cliff Phillips, Moreno’s father, attended Thursday’s hearing, and shook his head as Smith, appearing by video as did Thomas, claimed that Thomas had shot his son in self-defense. A GoFundMe account has been set up to assist with funeral expenses and to provide educational support for Moreno’s young son, Valentino.