McGee found not guilty
“You have dodged a huge atom bomb — not a bullet — an atom bomb,” Circuit Judge Greg Parker said, sternly addressing the man before him who had just been granted a second chance at life.
After deliberating for more than four hours Tuesday, a 12-person jury found Marcques “E.I.” McGee not guilty of first-degree murder in the 2018 slaying of Kashawn “Chico” Davis.
Nearly half of those in the courtroom erupted in an uproar of elation as the words “not guilty” left the lips of the clerk. A number of McGee’s friends and family members leapt to their feet, screaming in joy and ran from the courtroom, drawing a sharp rebuke from Parker.
The decision concluded a tense trial that spanned four days of testimony and included more than 15 witnesses.
On June 28, 2018, a Taylor County grand jury handed down first-degree murder indictments against McGee, as well as Henry “Teety Pop” Bolden Jr. and Jarnell “Roosta” Coverson, for the Jan. 24, 2018, murder of Davis, who was shot four times (three times in the chest and once in his wrist) as well as being run over by a vehicle.
McGee’s trial is the second of three for defendants charged in the case.
Bolden was convicted of accessory after the fact to first-degree murder in February of this year and was sentenced to four years and two months. Coverson is scheduled to stand trial in February of 2020.
The state’s case against McGee was presented by assistant state attorneys John Weed and Will Washington, while the defendant was represented by Kelly McCabe, a criminal defense attorney based in Pinellas County.
The state set the scene for the jury, painting a picture of the victim’s desperate attempt to escape danger, only to be found dead at the end of a “trail of blood.”
Prosecutors argued that after being shot in the chest, a severely-injured Davis managed to run away from the assailants, but was chased down and run over by a vehicle.
“This happened right outside of a couple’s house who did not see what happened, but they heard what happened. They heard shots initially, then a vehicle running into their yard and to the side of their yard, the vehicle stopping and more shots being fired,” Washington said.
Davis’ injuries were confirmed by the autopsy report, which revealed an injury consistent with being struck by a vehicle and three gunshot wounds to the chest.
“It was established that a green Jeep (that belonged to an individual who was not involved) was used in this murder, which was found the next day at the house of the owner of the vehicle. The green Jeep matched the tire tracks at the scene, and the victim’s blood was found on the underside of the vehicle, which was verified with DNA testing,” the state said.
“We know this green Jeep is the one that chased down Davis, and whoever was in the green Jeep shot Davis,” Washington said.
The state called 19 witnesses in total, some of which testified to seeing the vehicle in Perry around 5 p.m. on Jan. 24, 2018, mere hours before the murder occurred.
Two witnesses testified to seeing Coverson, Bolden and the defendant (McGee) in the vehicle. Another witness called to the stand testified that she saw Bolden and McGee in the green Jeep a little before 11 p.m. at Munchies, a convenience store on Byron Butler Pkwy.
The state emphasized that Munchies is located only seven blocks from the murder scene.
One witness testified she received a Facebook Messenger video of Coverson, Bolden, the defendant and the victim in a confrontation in the Jeep when a gun went off and the video shut off. However, this video did not surface during the investigation.
The state also called inmate Kevin Floyd to the stand. Floyd testified that the defendant confessed to shooting and running a man over. According to Floyd’s testimony, McGee confessed this to him while they were in neighboring cells in confinement in late September 2019.
As the prosecution went down their list of witnesses, the defense worked to poke holes in their case during cross examinations. McCabe’s line of questioning highlighted the inconsistencies in witness testimony, including incorrect dates, shifting stories and hidden agendas.
After the state rested, McCabe presented her case, countering that the state had insufficient evidence and biased witnesses. McCabe emphasized that there was no physical evidence — including DNA and fingerprints — that placed McGee in the vehicle.
“The state put together a case that was built on people who had questionable information. The case was all hearsay in my opinion. I think the jury saw right through that. They saw that most of these witnesses had motives to lie. The stories just did not line up,” McCabe commented after the verdict.
“I think the detectives did what they could with the information they had. I think Judge Parker ran a very fair courtroom — probably one of the best judges I have ever seen. We all did our jobs, including the jury,” McCabe said.
Before concluding the proceeding, Parker addressed McGee. “There are changes in order that are signaled by all this. You have a message to give to young people in this community. I do not know the story, I am not sure any of us ever will know, but you have support. There are folks in here I can see that are mentors that you should seek out so that you will one day be a mentor,” Parker said before continuing.
“There are people who just can’t find their way. I encourage you and urge you to find your way. I think you have the ability to do that. You have dodged a huge atom bomb — not a bullet — an atom bomb. Good luck to you.”
At 32 years old, McGee was facing 30 years in prison for the murder of Davis, but after being imprisoned for the past 17 months, he went home a free man.
Family and friends greeted him outside the county jail as he was released, filming and photographing the first official moments of his life outside a cell in nearly two years.
In one video, McGee references Bible scripture, exclaiming to the camera, “If God is for you, who can be against you?…When the wicked, even mine enemies and my foes, came to eat my flesh, they stumbled and fell!”
