STATE OF ANA MARION COUNTY, :45: i'A'l OF INDIANA vs. MAJOR P. DAVIS JR. DOB 5/28/1939 IN THE, MARION SUPERIOR CRIMINAL COURT 2 CRIMINAL DIVISION. ROOM W241 Cause No: COUNT I MURDER LC. 35-42440) A CLASS FELONY On this date, the undersigned came before the Prosecuting Aflomcy mo Nineteenth Judicial Circu'u and, duly sworn (or having aflirmcd), stated that in Marion County, Indiana COUNT 1 On or about July 5, 20M, MAJOR P. DAVIS JR. did knowingly ox intentimully kill anmher human being, tuewil: PERRY WAYNE all nfwhich is conunry to statute and against the yam: and dimly of the State of Indiana. Iswear or affirm undcr penalty ofperjury as specified by 1 c, 35.44.24 that the foregoing repi'esenmuons are uuev State's Witnesses: July 9' 2014 Date TERRY 1R. CURRY Manon County Prosecutor 19th Judicial Circuit .e Deputy Attorney STATE OF INDIANA IN THE MARION SUPERIOR COURT MARION COUNTY, ss: CRIMINAL COURT 2 CRIMINAL DIVISION, ROOM W241 STATE OF INDIANA vs. SENTENCE ENHANCEMENT USE OF A FIREARM, I.C. 35-50-2-11 MAJOR P. DAVIS JR. DOB: 05/28/1989 CAUSE NO. 49G02-1407-MR-034656 On this date, Detective John Maloney came before the Prosecuting Attorney of the Nineteenth Judicial Circuit and, being duly sworn (or having af?rmed), stated that in Marion County, Indiana COUNT 11 Major P. Davis Jr., on or about July 5, 2014, did knowingly use a ?rearm in the commission of a felony under IC 35?42 that resulted in death or serious bodily injury; all of which is contrary to statute and against the peace and dignity of the State of Indiana. . I swear or af?rm under penalty of perjury as speci?ed by LC. 35?44?2?1 that the foregoing representations are true. 6 7/9/2014 Af?htkj Date TERRY R. CURRY Marion County Prosecutor 19th Judicial Circuit Deputy Prosecuting Attorney l' FOR PROBABLE CAUSE STATE OF COUNTY OF MARION. SS: DETECTIVE JOHN MALONEY SWEARS OR AFFIRMS THATI-EE BELIEVES AND HAS CAUSE TO BELIEVE PROM THE FOLLOWING FACTS AND ATTENDING CIRCUMSTANCES ARE TRUE: On July 7.014 at approximately 9:23 pm, Patrol Olficers Perry Rerm and Nicholas Gallico of the Indianapolis Police Department were dispatched to the report ofa man with gun/shots fired at 34'" and Forest Manor AVG, Officer Gallico was the first to arrive, approximately 2 minutes later alter the report to dispatch Civilian --Was riding with Officer Galliw and was in his front passenger seat throughout the incident. Offioer Rerm arrived shortly after Officer Gallico. Officer Nicholas Gal lion said that he was Very close to 34m/Fm'esl Manor when the run was dispatched He was the first to arrive in the area. Officer Gallico was southbound on Forest Manor from 34'" s: when --wld him that a black male appeared to be flagging him down, Officer Gallico stopped his vehicle then backed up sii'ghhih, eventually parking with his vehicle straddling the gravel alley behind 4057 34 St, Officer Gsllicn exited his which and walked forward towards a utility pole, HE said he saw a black male, about 20-25 years of age and approximately 6' tall walking towards him, Officer Galileo noticed that the black male had his right hand behind his back and ordered him to show his hands Officer Gallico said the black male said "no" and began to walk backwards There were two females with the male one of whom appeared to be trying to back the black male up and the other telling Officer Gallieo that everything was okay and he could leave. Officer Gallico was concentrating almost solely on the black male who would not show his hands as he feared the male was concealing a weapon audit was dark in the area of the alley. Officer Gallico said Officer Rem arrived shortly after he did and walked west down the alley, so that Officer Renn was west of the suspect and Officer Gallico was LL) lhe east. Gallico Said that he saw the black male raise the barrel of an AK747 in the direction of Officer Kenn. He heard Officer Rent: say something to the male= but could not make out what it was. Officer Gallico stated he is sure that he heard the AK--47 discharge first, and that Olficer Renn fired back almost immediately. Officer Gallico said he also began returning fire before running to find cover behind a white vehicle in a parking area behind 4on7 34" St. Officer Gnllico moved around the rear driver's side quarter panel and saw that Officer Renll and the black male were both down and not moving He Went Lu Lly lo help Officer Renn when numerous other arrived to take over and seems the scene. Officer Galileo said that he is positive that the black male who he saw his hand behind his back is the same one who fired shots at Officer Renn and was also shm. He said that there was no one else who could have possibly fired the shots, as after the initial shot was fired, there was no one else near the black male --said that as Officer Galliee lrnvelled south rm Forest Manor from 34'" St, she saw black male, in his twenties to early thirties. with long braids or dreads to his shoulders and Wearing a blue shirt walking towards Forest Maner from a small yard behind 4067 a 34'" St. said it appeared lhal the black male, later identified as Mainr P. Davis, was waving his hands around and/or flying flag down Officer Gellifu -slated that Officer Gallien pulled over just north of an alley hehind 4067 34" Si. Awordihg Io - Officer Galileo walked forward of his vehicle and asked Davis to talk to him. Davis hadplaeed his hands in his pockets and Officer repeatedly asked Davis [0 show his hands. Davis replied with something to the effect of don't need in to anybody. I don't give a fuck" -aid that a black female in a green shirt, who she believed to be Davis" girlfriend, coaxed Davis back away from Officer Gnllico, next to a van parked behind 4057 F. 34'" sr Officer Renn arrived shortly arrer Officer Gillian and moved west down the alley past Officer Gallico. -said that she heard what she thought sounded like bullets hitting the ground, She said that at the time she heard the first shots she could see both officers and did nol think they had fired up to that point -aid the shots seemed to come from the spot behind the van to Where the black female in the green shirt and Davis had gone. Aner the first shoLs were fired, - saw Ofilcel' Reurl hill to the ground and no black female in the gleen shirt ran towards the street yelling "He's shooting, he's shooting," _sa.id Officer Galileo then returned filer Officer Rem was by gunfire multiple times and collapsed almost immediately He was transported to Eskenazi Hospital where he was pronounced (laid at 9:58 RM. Davis also was struck multiple timfi and collapsed where he stood He was transported to Eskenazi Hospital where he is currently in stable condition. An AK-47 valiant rifle was located next to where Davis fellr By all known accouan Major Davis was Lhe only person in the location the weapon was found when lhe shots were fired. The gun had been purchased by -- Major Davis's mother, in 2010. A black cell phone was also Found in the grass near the rifle --apgroached olice ofl'icers all the scene and said his phone was in the back yard of 4057 13 34 St. was inquiring about how he would get his phone back. -subsequently gave a recorded statement. -said that multiple persons gathered for a eookout behind 4067 34'" St. He added that Major Davis had an argument with another person prior to the police an iving. said at one point he realized his cell phone was missing and he went inside to look for it. When he couldn't find the phone inside, he came back out, -said that as he was behind a white van he knows to belong to --, who is the mother of Davis's children, he saw police arriving. _said that as he rounded the rear driver's side of the nu, he saw Major Davis holding a gun in his right hand down by his side. He also saw the two police officers nearby with their guns drawn _said one of the police officers tired shots at Davis and Davis fired back approximately 4 times. said he sinned running when he saw all the parties with guns out and that is when he dropped his phone in the back yam, Shortly after Officer Renn and Davis were shot a 911 call was made to request an ambulance. The female caller said that "The policejust shot my fucking boyfriend" and later adds "They shot each other." The female caller never identifies herself. but the call came in from number Sgt. Mnloney later had several hone contacts with -- regarding the release of her personal property, When called in. the number she called from was Marion County Crime Lab Scene Specialists lesponded to process the scene. An AK-47 variant (serial number 198221'9010) was collected from the backyard of 4067 34'" St Very near to Where Davis had fallen. The rifle had one live round chambered and there were additional live rounds in the magazine. An additional magazine containing live 7,62 ammuniu'on was found in a sweatshirt near the rifle. Three (3) spent .40 caliber shell casings were recovered in the eastem portion ofthilt stune yard and eleven (1 I) spent .40 caliber shell casings from the western portion of the yard. Two (2) spent fired rounds were recovered from the south vle of 4067 34* Sneet and 1 (one) spent round was recovered from an inner den wall. Two (2) spent rounds were recovered in the grass just south of 4067 34*" St One spent mqu was recovered from Major Davis during surgery at Eskenazi Hospital. Two (2) spent rounds were recovered from a van parked just south of 4067 34'" St. Three (3) 752 mm casings were found west of the Alt-47 and one near an exterior wall at 3370 N. Forest Manor Aves One (1) spent 7.62 mm round was found inside a closet at 3370 Forest Manor and another was located in the rear vest panel Lhal Officer Renn was wearing. An autopsy of Officer Kenn was conducted at the Marion County Coroner's Office on July 2014, it was determined bythe forensic pathologist that OfficerReun was struck by three (3) rounds. The fatal round was determined to have entered Officer Renn just under his right armpit. Thar round struck Officer Renn's right lung and heer Another round apparently passed through Officer Renn's vest, entering his lower abdomen and exiting his right chest. The third round struck Of?cer Renn in his front right calf and exited the rear. - Firearms analyst Richard Amberger with the Indianapolis-Marion County Forensic Services Agency conducted a comparison of the tired 7.62 39 cartridge cases (Lab Items'023, 024, 025 and 044) to the Romarm 7.62 39 mm ri?e (serial recovered at the scene (Item 004). Preliminary results con?rm that the casings were all positively identified as having been ?red by Item 004. Both Of?cers Renn and Gallico were driving marked IMPD patrol vehicles and both of?cers were in Uniform. . ALL EVENTS OCCURRED IN MARION COUNTY, INDIANA. \wsa DET. SUBSCRIBED AND SWORN BEFORE ME THIS 9 DAY OF JULY, 2014. JUDGE, MARION SUPERIOR COURT DEPUTY PROSECUTING ATTORNEY NINETEENTH JUDICIAL CIRCUIT