Buffalo, NY – A rioter who slammed her SUV into a line of officers, running over one of them and injuring two more, is slated to be released from jail after a federal judge ruled that prosecutors had not presented sufficient evidence to prove that the suspect is a danger to society.
During the attack, Davis ran over New York State Police (NYSP) Trooper Ronald Ensminger, leaving him with a shattered pelvis and a broken leg.
Trooper Ensminger, a 19-year veteran-of-the-force, was recently released from the hospital following weeks of rehabilitation, The Buffalo News reported.
Buffalo Police Officer Joseph Walters, a 30-year veteran of the department, suffered a broken leg in the attack.
NYSP Trooper Randall Shenefiel, who has served the state police for 17 years, suffered a laceration to his arm, but remained on the police line despite his injury.
The incident was captured by a nearby surveillance camera.
In addition to the ecstasy and alcohol, a toxicology report showed that Davis also had morphine, fentanyl, cocaine, and marijuana in her system when she collided with the officers, WKBW reported.
Police said they located a loaded, stolen 9mm handgun in the backseat of Davis’ vehicle when they arrested her and her two passengers.
On Friday, U.S. Magistrate Judge Jeremiah McCarthy ruled that one of Davis’ passengers was actually the person in possession of the stolen gun – not Davis, WTSP reported.
According to Assistant U.S. Attorney Seth Molisani, the armed passenger reached out of the vehicle and fired the weapon into the air eight times before Davis plowed her vehicle into the line of law enforcement officers, according to The Buffalo News.
Davis’ attorney, Sam Davis, claimed that his client was simply trying to go to the store when the encounter with police occurred, WTSP reported.
“She was a woman in a car going to the store and she found herself in war-like conditions,” Sam Davis told WIVB. “I think the judge saw that, and there’s a dynamic taking place within that car that we still don’t know about. What would you do on a smoke-filled street known for gunfire? What would you do? Would you sit in your car or would you try to make your way out of the situation any way you could?”
Sam Davis noted that his client was shot at some point, and claimed she was desperate to seek medical care for herself.
“No one can actually tell us when my client was shot, no one can tell us who shot my client, and all the evidence seems to show that she did not move that vehicle until she started to experience gunfire,” the attorney declared, according to WTSP.
McCarthy said he does not believe Davis ran into police voluntarily, WKBW reported.
The federal judge ordered that she be released from jail on $25,000 bond if prosecutors fail to file additional documentation opposing her release by Tuesday at 5 p.m., according to WTSP.
She would be required to wear an electronic monitoring bracelet, and would also need to complete a mental health evaluation.
“If the government isn’t able to get a higher judge to listen by Tuesday at 5, then we can all spring into action and get her home or to the hospital actually to continue healing from the gunshot wounds,” her attorney told WTSP.
“She should be out, I would say, no later than next Friday,” he assured WIVB.
Davis also faces multiple charges in state court, to include attempted murder, WTSP reported.
Her bail in that matter has been set at $200,000.
A grand jury will hear the state case, WTSP reported.
The married mother-of-four’s prior arrest history included a 2009 attempted robbery charge and a 2013 intimidating a witness offense.
Her passengers, Walter Stewart and Semaj Pigram, have both been arrested on federal gun possession charges, according to The Buffalo News.
The incident occurred near the intersection of Decker Street and Bailey Avenue at approximately 10 p.m. on June 1, NYSP Troop A Commander Major James Hall said in a press release.
As the NYSP Mobile Field Unit, Special Operations Response Team and Buffalo Police Department (BPD) Emergency Response Team were clearing E-District along Bailey Avenue, a suspect in a 2002 Ford Explorer swerved into the southbound lane and began traveling northbound, Maj. Hall said.
The driver then slammed through a blockade of officers, hitting a BPD officer and a NYSP trooper.
The SUV ultimately ran over a second trooper who had been knocked to the ground.
Troopers opened fire on the suspect vehicle before the driver and two occupants were taken into custody.
The driver and one passenger each suffered a gunshot wound and were transported to Erie County Medical Center with non-life threatening injuries.
The third suspect was uninjured.