Second arrest made in fatal shooting of college student in Parkway Village

Memphis police have charged Devante Robinson with First Degree Murder in the New Year’s Day death of Kiara Tatum.

Robinson is the second man charged in Tatum's death. FOX13 asked the question, should Robinson have been on the streets to commit this crime?

FOX13 has been looking into the story and found that Robinson had been arrested for reckless endangerment just two days before Tatum was killed.

>>RELATED: Police identify LeMoyne-Owen College student killed in Parkway Village 

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Devante Robinson, 22, is charged with first degree murder, five counts of attempted murder, and employed of a weapon during the commission of a dangerous felony.

>>RELATED: Teen charged in shooting death of LeMoyne-Owen College student 

A police affidavit accuses Robinson of being in a vehicle that fired three to four shots in an area where kids were playing.

Robinson allegedly had five guns in the car at the time of his arrest. He was given a $5,000 bond. Robinson was out of jail just two days later, charged with killing Tatum.

"$5,000 is appropriate in my humble opinion. It could be even on the high side," said Leslie Ballin, a local defense attorney at Ballin, Ballin and Fishman.

Ballin was not at all surprised by the bail Robinson received on the earlier charges.

“This man was charged with a Class E felony that if convicted, he would be entitled to a presumption that alternative sentencing and alternative to incarceration would be the appropriate punishment,” Ballin explained.

Ballin added, if convicted of the initial crime, Robinson probably would have been sentenced to probation or even diversion.

He said every day, people are released on bail for crimes more violent than the one allegedly committed in the December 27 affidavit against Robinson. But that provides very little comfort to a family who now has to plan the funeral of Kiara Tatum.

When FOX13 asked Ballin, if the death of Tatum was just an unfortunate circumstance, his answer shed light on a crime that may have been able to be prevented.

“I think that we can conclude that if he had not made bond, then this homicide wouldn't have occurred.”

We reached out to the family of Kiara Tatum, and they told FOX13 by phone that they had no comment on the latest arrest, nor on whether or not Robinson should have been behind bars.

We also reached out to District Attorney Amy Weirich about this case. After being told twice that they were working on a response, we have yet to  receive anything.