A hearing is scheduled later this month on pre-trial evidence involving the shooting by Zion police of defendant Devon Davidson, who faces felony DUI, fleeing police and drug charges following a July police pursuit.
Defense attorney James Schwarzbach said Monday he is still waiting for discovery evidence that includes ballistic reports and squad car videos, much of which relates to the shooting of Davidson, 25. The incident was described by officials as causing a “superficial” wound.
Some of that evidence involves an investigation into the shooting by the Lake County Major Crime Task Force, which investigates all local police-involved shootings.
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According to task force spokesman Christopher Covelli, the Force Science Institute in Minnesota is reviewing evidence in the case, and local officials expect to receive the results in two weeks. A complete report from the task force would then be forwarded to the Lake County State’s Attorney’s Office to review the findings.
Davidson was treated and released from a local hospital for a gunshot wound to the chest area after the July 26 shooting. He has been present for his court hearings and remains in Lake County Jail in lieu of $750,000 bail.
At a status hearing Monday, Judge Patricia Fix set an Oct. 24 hearing on the remaining evidence issues.
After the hearing, Assistant State’s Attorney Robert Money said he will provide some additional evidence for the defense at the hearing but that he would object to evidence requests that he feels are not related to the case, including some of the evidence relating to the shooting of Davidson.
Schwarzbach said he needs the evidence to help determine his “avenue of defense” for Davidson.
Police and prosecutors said Davidson was shot by a Zion officer during the course of a pursuit while he was allegedly driving drunk on a license already suspended for a previous DUI charge.
Davidson has pleaded not guilty to charges of aggravated DUI, aggravated fleeing police, felony possession of marijuana with intent to deliver and possession of marijuana.
Prosecutors said Davidson was legally drunk and allegedly had steered his car in the direction of a Zion police officer before being shot and wounded by the officer during the July 26 pursuit, which began when an officer attempted to pull him over for speeding.
According to a report read in bond court following Davidson’s arrest, Zion police attempted to stop Davidson for speeding after 11 p.m. July 26, but Davidson led police on a chase involving multiple squad cars at speeds of up to 65 miles an hour in a 35 mph zone on 27th Street.
During the chase, Davidson was eventually boxed in by police cars in the driveway of his mother’s home in Zion when he allegedly backed his vehicle into a squad car and turned his car in the direction of, “but not directly at,” an officer standing outside of his squad with his gun drawn, according to police reports.
The officer then fired, striking Davidson, after which Davidson allegedly fled the scene in his car, drove several blocks, and then made a U-turn and returned to his mother’s 27th Street home, where he was apprehended inside the house, according to prosecutors.
Blood tests at the hospital revealed an alcohol content in Davidson’s blood of .20 percent, more than twice the legal limit for driving, officials said.
Possession of cannabis with intent to deliver is the most serious charge Davidson faces, carrying a potential sentence of 2 to 5 years in prison upon conviction.
He is scheduled for trial Nov. 28.
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