Prosecution Delivers Opening Statement in Non-Fatal Road Rage Shooting

By Adriana Marroquin - January 4, 2024
Court | Daily Stories | Shooting | Suspects |

On Jan. 4, prosecutors delivered opening statements and witness testimony in regards to a non-fatal shooting incident in DC Superior Court Judge Rainey Brandt’s courtroom. 

Kenneth Davis, 45, is charged with assault with intent to kill while armed, unlawful possession of a firearm by a prior convict, two counts of assault with intent to kill against a minor while armed,  assault with a dangerous weapon, and six counts of possession of a firearm during a crime of violence, for his alleged involvement in a non-fatal shooting that injured one individual on May 19, 2021, on the 1600 block of Eastern Avenue, NE. 

“On May 19, 2021, the defendant was in a road rage rampage,” said prosecutors in their opening statements. According to the prosecution, Davis was in his custom built dark gray Maserati when an individual attempted to merge into the traffic lane he was in, colliding with his vehicle. They allege that Davis grabbed a gun, got out of his car, and took aim, shooting a woman in a vehicle with her two underaged children, before firing several more shots at other bystanders. 

Prosecutors claimed Davis shot 13 times, aiming at five people at least in three different vehicles, injuring one. 

“The evidence will prove beyond a reasonable doubt that he is the Maserati shooter,” insisted the prosecutor, pointing at Davis in the courtroom. He alerted the jury they would see and hear things that relate him to his guilt. 

The mother and two kids were “just going about their day, having done nothing wrong,” stated the prosecution, before Davis fired at them at close range. 

According to prosecutors, the evidence, including cell site records which put Davis’ cell phone at the location of the incident at the time of the shooting, will prove his guilt. 

“The only verdict which is consistent with the evidence and demanded by the law is guilty on all counts,” concluded the prosecution.

Marnitta King, Davis’ defense attorney, reserved an opening statement. 

Prosecutors called on an eyewitness from the incident. According to the individual, she was driving on Eastern Avenue behind a black car when a Maserati, which was the car in front of the black car, was involved in a commotion with a Lexus. 

The witness told the jury that following the commotion, the driver of the Maserati exited his vehicle, tapped the Lexus with his hand, and began shooting at the Lexus multiple times. 

According to the witness, as the driver of the Maserati was walking back to his car, he shot at the vehicles in her direction, which caused the black car in front of her to reverse into her car as they tried to get away from the scene. 

In surveillance footage displayed in court, the black car can be seen reversing down Eastern Avenue as the Maserati follows close behind it, before each car goes their separate ways.

The witness told the court she called 911 after she composed herself. During the call, which was played in open court, the witness can be heard telling the dispatcher, “Oh my god… a man started shooting at everybody.” In shock, she says, she told the dispatcher the wrong location of the incident, but was able to tell them the shooter drove off in a Maserati. 

“I don’t know how I didn’t get hit by a bullet,” the witness could be heard telling the dispatcher. 

“This whole situation has changed my life,” she told the court during cross examination, when King questioned her about her involvement in the incident. According to the witness, she was not injured by gunshots on the day of the incident, but did endure back and neck pain in the following days, as well as severe anxiety, which made her previously diagnosed post-traumatic stress disorder (PTSD) worse. 

Prosecutors then called on another eyewitness to testify regarding the incident, who stated she has “a lot of anxiety” following the situation. 

The witness stated she was stopped at a red light, on the opposite side than the Maserati on Eastern Avenue, when she saw someone get out of their car while she was at the stop light. The individual walked up toward another vehicle and began to shoot. She ducked as he began to walk back to his vehicle, before she heard more gunshots being fired. 

The witness testified that a Lexus, which was the shooting target, was engaged in a fender bender with her vehicle as they tried to avoid being shot again. Because of the shooting, she said, she carried the boy who was in the vehicle that was shot to a building, as they awaited for police to arrive. 

Due to time constraints, the witness was unable to finish her testimony. 

Testimony is slated to continue Jan. 5.