Crime & Courts

Man shot and killed his neighbor after they argued about noise complaints, charges say

A noise dispute between two neighbors in a South Anchorage fourplex turned deadly early Monday when one man shot the other, according to charges.

Dustin Perry, 29, was arrested Monday on charges related to the fatal shooting of his 47-year-old neighbor, Clayton Martinelli.

Perry lived above Martinelli in a fourplex on the 1700 block of East 59th Avenue, according to a sworn criminal complaint written by Anchorage detective Brendan Lee.

Police received a noise complaint from Martinelli’s significant other around 3:40 a.m. stating that their upstairs neighbor was “stomping and being loud,” the complaint said. The woman had called 911 over noise in January and reported in February that “her upstairs neighbor threatened to shoot her over a noise complaint,” Lee wrote.

At about 3:45 a.m., police received a call about a gunshot at the apartment complex. Martinelli’s significant other called 911 again and told dispatchers her boyfriend had been shot, the complaint said.

Martinelli was dead at the bottom of the stairway with a gunshot wound to his head when officers arrived, according to the complaint. Evidence at the scene indicated Martinelli was shot on the upstairs landing in front of Perry’s door, the complaint said.

Perry came outside with blood on him and was showing signs of intoxication, according to the complaint.

Police found a .45 auto cartridge in Perry’s pocket and a short-barreled rifle on his living room couch, the complaint said. Another neighbor in the fourplex told officers Perry previously threatened Martinelli with a gun, the complaint said.

The moments prior to the shooting were captured on a video camera outside Perry’s apartment, according to the complaint. Perry had walked up the stairs and yelled taunts and threats at Martinelli, the complaint said. Later, Martinelli kicked Perry’s door around 3:10 a.m., the complaint said. The two men argued and Martinelli punched Perry at one point, the complaint said.

Perry told police “he did not pull the trigger but the gun went off,” according to the complaint. There was no video recording showing the shooting, the complaint said.

Perry is facing a charge of second-degree murder and fourth-degree misconduct involving a weapon. He is facing three misdemeanor charges for violating conditions of release in cases from 2018 and 2020 involving assault, resisting arrest and disorderly conduct.