The Indiana Court of Appeals rejected a bid Monday for a new trial for a teen who killed a buyer who was purchasing a gun from him.
Elijah Davis, now 20, got 45 years for murder in July for the Aug. 24, 2022 shooting death of Marcos A. Martinez, 19, of Merrillville. Davis said it was self-defense.
In his appeal, Davis argued that Judge Natalie Bokota made a “fundamental error” by not reviewing a third legal standard before granting a prosecutor’s request to dismiss a prospective Black female juror.
Davis argued other non-Black jurors detailing their self-defense experiences — who said they had fought a burglar or had a grandma who had her purse snatched — weren’t challenged in the same way.
When asked, the Black woman told a prosecutor during jury selection that she had been a stalking victim and had to use self-defense in the 1990s, and in other instances while living in Chicago.
She recalled how someone tried to grab her and she started to drag them to the street.
“I was going to throw him in the traffic,” she said. “I told him he was going to die that day, but he didn’t.”
When asked by Davis’ defense lawyer if she had “any problem” with someone “using deadly force,” the woman replied, “Only if they’re, like, really mistaken.”
After a prosecutor asked to strike — or dismiss — the woman during jury selection, the defense attorney asked for a “race neutral explanation” under the law.
The prosecutor responded they were focused on the woman’s “attitudes and feelings toward self-defense” including her own personal experiences.
In a 3-0 decision, Appeals Judge Elaine Brown rejected Davis’ argument.
The prosecutor satisfied the law by already giving a “race neutral explanation” — a standard meant to prevent outright discrimination.
The two other jurors were not similar, since the woman preemptively told a prosecutor she could have killed her attacker, Brown wrote. The prosecutor’s reason for excluding the woman was not a “mere pretext based on race,” Brown wrote.
Merrillville Police responded to the 5600 block of Pennsylvania Street for a reported shooting. Martinez was found shot lying on the ground across the street. A mutual friend, 16, set up the gun sale.
Martinez jumped in Davis’ white Pontiac. Martinez had a handgun in his hoodie pocket, according to court documents. Martinez looked at the gun for sale, before leaving, saying he needed to get money. He returned, holding and looking at both guns.
The friend thought Martinez would steal the gun. Just as the witness opened the car door to get out, he heard gunshots. The witness saw Davis fire the “first shot,” according to documents. The Pontiac took off, other witnesses said. Martinez was shot “two to three times,” wounded in the chest, bicep and side, according to court records.
mcolias@post-trib.com