Martinsburg man sentenced in July 2023 shooting in strip mall parking lot near Hagerstown

A Martinsburg, W.Va.-area man was sentenced to 7 1/2 years in state prison Tuesday after pleading guilty to second-degree assault in a July shooting in a strip mall parking lot east of Hagerstown.

Washington County Circuit Court Judge Mark K. Boyer sentenced Taevon James Davis, 20, to 10 years in state prison, suspending all but 7 1/2 years. Davis has 161 days credit for time served.

The shooting occurred around 5 a.m. on Sunday, July 30, in the parking lot of a strip mall in the 11300 block of Robinwood Drive, according to the Washington County Sheriff's Office.

That strip mall is across the street from and south of the Hagerstown Community College campus main entrance.

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Assistant State's Attorney Chris McCormack told Boyer that Dwyone Gerring had gone to a social function at one of the strip mall's businesses and when he exited he got into his rented Toyota Camry. Gerring told police he noticed people in skirmishes, mostly verbal, and one group moved closer to his car, with people pushed against the passenger side of the car, McCormack said.

Gerring got out of the car and walked around, telling the people to get off of the car, McCormack said.

A person said something to the effect of, "What are you talking about?" before taking out a handgun and shooting, according to McCormack and court documents.

Gerring ran to a tree-lined area and sustained injuries from a fall, the prosecutor said.

Three casings and a live round were found at the scene.

Video from a local business shows the disturbance escalate in the parking lot next to the vehicle and several shots fired from a handgun, McCormack said.

If there had been a trial, Davis would have testified that he wasn't the only one with a handgun that night and that others fired, McCormack said. Witnesses believe Davis was the only one to fire a gun, he said.

Based on those circumstances, a plea deal was reached, McCormack told Boyer.

The plea deal included dismissing other charges, including attempted first-degree murder.

While initially it was believed Gerring had a gunshot wound to his thigh area, no bullet or projectile was recovered at the hospital and he didn't have an exit wound, McCormack said when the judge asked if Gerring was injured.

When the judge asked if Gerring was hurt from falling or being shot, McCormack said that would have been a matter for the trial.

Taevon Davis apologizes for his actions in shooting case

McCormack said the sentencing guidelines for first-degree assault in the case would have been four to nine years and that he didn't have the guidelines for second-degree assault. He said he felt three years would not be outside the guidelines.

Sentencing guidelines are not mandatory and are an average of similarly rated criminal offenses across Maryland.

Defense attorney Christian Riddell said Davis was a young man who had been around people in a "state of extreme conflict that night and made a bad decision."

Riddell said Davis has a lot of potential and he thinks Davis could use the court's guidance.

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Addressing Boyer, Davis at first started talking about multiple bullets on the scene that night and more than one person with a gun. After his attorney whispered something to him, Davis apologized for his actions.

"I knew I was wrong for what I did and I take accountability for what I did. I apologize," Davis said.

Boyer noted that, with no prior record, Davis appeared to have "jumped into the deep end of the pool" with his first criminal offense.

In addition to the rehabilitation and deterrence factors in sentencing that Riddell referred to, Boyer said he also was considering public safety.

Boyer said this is the type of behavior that can't go on in the community.

In addition to the 7 1/2-year active sentence, Boyer said when Davis is released he will be on probation for five years. That probation will be supervised for the first 18 months.

McCormack said the victim was not in court for the plea hearing, but he was aware of the disposition.

This article originally appeared on The Herald-Mail: W.Va. man sentenced in shooting in strip mall lot near Hagerstown