BUFFALO, NY (WKBW) — The trial of a Buffalo woman accused of running over a New York State trooper during a summer 2020 protest was delayed again in Erie County Court.
Police say Deyanna Davis drove through a crowd and police barricade on Bailey Avenue during the height of Black Lives Matter protests in the city seriously injuring the trooper in June 2020.
Davis is facing first-degree assault charges.
Jury selection was set to begin Monday, but Davis's defense team asked for a delay and to be removed from the case saying they had an "irreparable breakdown in communication” with their client and noted, “we need to part ways."
Erie County Court Judge Kenneth Case granted the delay but noted there have been “numerous adjournments” in this case delaying the start of a trial over the summer and this past fall.
However, the judge agreed to move the trial to February 1, 2023, to begin with, jury selection.
“I don’t think I have a choice,” stated Judge Case.
Davis has now retained a new attorney, Frank LoTempio.
“We have 45 days and we have a lot of work to do within 45 days — I can tell you that,” LoTempio remarked.
State Trooper Ronald Ensminger, jr., a 19-year veteran of the force, was hit and suffered a shattered pelvis and broken leg. Two other officers were also hurt.
Cameras were not allowed inside the courtroom Monday But I did see Trooper Ensminger. He left before proceedings began and now walks with a limp. The trooper has been unable to return to work.
Davis claims she never intended to hit the officers, and panicked as she drove through a cloud of tear gas.
Davis was shot twice as a result.
Outside the courtroom, family and friends of Davis appeared. a man identifying himself as her uncle says they were advised not to comment on the case and stated the judge seemed a "little fairer today”.
“This is all I can say,” replied the uncle.
The assault charge carries a maximum of 25 years in prison. But it was revealed the prosecution has a plea deal on the table, however, Davis has not accepted or rejected it at this time.
“Plea offer — I believe is to attempted C violent felony which carries a mandatory minimum of three and a half years up to 15 years. What will I do with the plea? I don't know right now. I really have to look at the entire file and give my client advice based on what I see,” explained LoTempio.
A federal weapons charge was dropped against her and Davis remains free on bail. Two men who were passengers in her car were also charged.
Prosecutors said if the plea offer is withdrawn, they will notify Davis’s defense attorney.
A spokeswoman for the Erie County District Attorney’s office can not comment on the case as it is still slated to head to trial.
A pre-trial conference is scheduled for January 5th in this case.
