Did Marianna Police shoot an innocent man? - FOX13 News, WHBQ FOX 13

Did Marianna Police shoot an innocent man?

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MARIANNA, Ark. (FOX13) -

Simon Davis III says police shot him for no reason Friday, April 26 after he was leaving a family gathering. There was no warning, he said.

Davis and his wife, who have retained a lawyer and may sue the Marianna Police Department, moved back to eastern Arkansas for his dog business earlier this year. He regrets moving to the city where he says officers nearly took his life, and hope to brush the incident under the rug.

Davis leaning on his wife, Kamisha Mitchell, for support while he was walking to a couch in the family's living room. Walking proves to be difficult after he says an officer blind-sided him with a bullet.

"It went in my hip right here, my thigh right here, went in, came out," said Davis, "went across my penis went in my other thigh, came out."

He received 12 stitches.

The Arkansas couple says they were in a parked truck in a relative's driveway, when a man in plain clothes approached the passenger side.

"Saw a black guy with a pistol," Davis recalled. "Right there I hit the gas, told her they trying to rob us, and I hit the gas. I felt something. I hit the pole."

After Davis suffered a gunshot wound, he and is wife said another armed officer in a police t-shirt searched them. Davis said he alerted the armed officer he was shot. Davis and Mitchell said the Marianna Police officers failed to identify themselves before the shooting, offered no warning, and were not in a marked police vehicle.

"Need to be charged with attempted murder," he said. "They could've killed both of us."

Mitchell told FOX13 News officers said Davis had multiple state warrants but later recanted. However, then she said the officers trumped up an open container and possession of marijuana charge for Mitchell.

"So we are trying to figure out what's it all about," she said.

While they don't know which officer fired the bullets, family members say they do know police said they had a no-knock warrant for Mitchell's uncle's home.

Family members say the officers kicked in a door, leaving foot prints, then strip-searched seven women inside. A Marianna Police report provided by Davis shows the offense was a search warrant for the home, but doesn't state for whom.

The incident is under investigation by the police department.

As for Davis, he says he doesn't want to talk to police, but says his new lawyer will.

"I'm scared of the police. I'm scared to even go outside," he said.

Late Thursday evening Arkansas State Police confirmed they're investigating a Marianna Police officer-involved shooting and added Davis was shot while police were executing a search warrant, but released no other details.

Arkansas State Police say a prosecuting attorney will determine whether it was appropriate use of force.

Marianna is 60 miles southwest of Memphis, Tenn.

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