FAIRFIELD — A former Fairfield fugitive shot by federal marshals in a Walmart parking lot while being apprehended on the afternoon of April 3 was ordered Monday to stand trial on charges of assaulting a peace officer with a firearm and being an ex-con in possession of a gun and ammunition.
Markell Davis, 27, never fired the gun police found in his car after he was shot in the head by a U.S. Marshal who spotted him sitting in a car in the parking lot. A marshal opened fire on Davis as the marshal saw Davis get out of the car with a gun in his hand.
Davis’ attorney said the encounter lasted only a few seconds.
Testimony varied about whether the marshals, part of a fugitive task force, identified themselves before Davis was shot.
After Davis was treated for his minor head injury, he told a detective all he heard before the shooting was “don’t move” and figured it had been police who had shouted out the command.
Davis was ordered to be arraigned on the felony charges June 23. At the arraignment, authorities will schedule a hearing for a second case facing Davis in which he was also shot. Davis has pleaded not guilty to attempted murder, assault and cocaine possession charges arising from a Feb. 17 shooting on Clay Bank Road in which Davis, a cousin and an innocent bystander were wounded.
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