Hamilton County judge sends alleged Captain D's shooters to grand jury

Chattanooga Police Department officers place evidence markers in the parking lot of Captain D's near Highway 58 on Thursday, Apr. 21, 2016, in Chattanooga, Tenn.
Chattanooga Police Department officers place evidence markers in the parking lot of Captain D's near Highway 58 on Thursday, Apr. 21, 2016, in Chattanooga, Tenn.

"It was very clear that Rashad and Christopher were attempting to kill Mr. King due to the large number of bullets fired by Rashad and Christopher,"

A Hamilton County judge sent two men to the grand jury Monday for their suspected role in the Captain D's shooting last month on Highway 58.

Police say Christopher Green, 20, and Rashad Davis, 19, rode into the Captain D's parking lot in a white Chevrolet Impala, got out of the car, and opened fire on April 21. Although authorities believe they were aiming for Demarketh King, one of the bullets instead struck bystander Joe Massengill in the lower back, records show. Witnesses reported seeing a white Impala driving away from the scene, which police later found at 4816 Swan Road, along with Green and Davis.

photo Christopher Green
photo Rashad Davis

During the preliminary hearing, prosecutor Ben Boyer called three witnesses in Judge Lila Statom's General Sessions Court. Attorneys Jay Perry and Kelli Black, meanwhile, represented the men, who each face charges of attempted first-degree murder, aggravated assault and possession of a firearm during commission of a dangerous felony, among other things.

After listening to testimony, Statom said enough probable cause existed to send Davis and Green to the grand jury on the same bonds. If the men are indicted, they will receive a Criminal Court date and be arraigned on the charges.

King, one of the men on the scene, said he was riding his moped on Highway 58 when someone thrust their hand out of an approaching Impala and started to shoot, records show. He pulled into the Captain D's and ducked behind a dumpster for cover. King never saw the shooter, he said. But he recognized Davis' Impala. And he told authorities that six months earlier, the 19-year-old had tried to shoot him.

When police later questioned him, Davis said King brandished a pistol while riding his moped. He "heard shots" and assumed King started shooting at him. Then he doubled back on his statement and said King was never armed. He just thought King would shoot at him because of their history, records show.

He and Green pulled into the parking lot and got out of the Impala "to get a good shot at him," Davis told police, according to records. Because he could hear several shots, Davis assumed Green was firing, too.

"It was very clear that Rashad and Christopher were attempting to kill Mr. King due to the large number of bullets fired by Rashad and Christopher," an affidavit reads.

Witnesses told authorities they heard at least 10 shots fired.

Contact staff writer Zack Peterson at zpeterson@timesfreepress.com or 423-757-6347 with story ideas or tips. Follow on Twitter @zackpeterson918.

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