The South Charleston man who was shot by a Nitro Police officer during a traffic stop earlier this month could face more than $1,000 in fines and up to five years in prison if convicted of obstructing and fleeing an officer.
Mickey Cecil Davis, 28, was arraigned in Kanawha County Magistrate Court Monday, after being released from Charleston Area Medical Center's General Hospital, where he was treated for the gunshot wounds he received following the Nov. 25 traffic stop that turned violent.
According to court documents and police reports, Davis was shot by Sgt. Justin Raynes of the Nitro Police Department after fleeing the officer in a silver Pontiac Grand Am and attempting to run over Raynes once he was stopped on Easter Road in Nitro.
Once on Easter Road, the court document states that Raynes exited his vehicle and pulled his weapon, giving Davis commands to put the vehicle in park and to turn the engine off. Davis allegedly ignored that order.
"The driver did neither and began moving the Pontiac forward," the report states. "The driver of the Pontiac accelerated quickly in Sgt. Raynes direction."
It was at that point that Raynes began firing his weapon at the vehicle, according to the report.
"Sgt. Raynes, being in fear of being struck by the vehicle, ran over by the vehicle or pinned between the Pontiac and his cruiser fired several rounds at the driver of the Pontiac, eventually striking the driver and causing the Pontiac to come to a stop," the report states.
According to a press release from the Kanawha County Sheriff's Office, a preliminary investigation by the Kanawha County Prosecuting Attorney's Office has found that Raynes' use of force was "justified," but a final decision on the use of force will not be made until evidence and statements about the shooting are fully analyzed.