The decision not to bring charges against the officer who fatally shot a Decatur man in his apartment nearly 18 months ago came down to a matter of seconds.
Kevin Davis, who had been on the phone with a 911 operator, was shot three times by DeKalb County Police Officer Joseph Pitts. Davis, 44, had called for help after his girlfriend, April Edwards, had been stabbed. Pitts was dispatched to the scene.
Pitts told investigators with the DeKalb County District Attorney’s Office he knocked on Davis’ door several times, identifying himself as a police officer. When he received no response he opened the front door, which was unlocked, and encountered Davis’ pit bull.
Davis was in his bedroom, on the phone with 911 and apparently did not hear the fracas outside his apartment. It’s a safe assumption, since he had requested law enforcement’s presence.
“He did not know it was the police at his door,” said his sister, Delisa Davis. “He remained on the phone as he had been instructed.”
Then, a series of gunshots. Pitts had shot the pit bull three times. Davis picked up his handgun to investigate.
According to the district attorney’s report, 16 seconds elapsed between the shooting of Davis and his dog.
“That would mean Davis had nine to 13 seconds to encounter Pitts at the front door before the second round of shots were fired,” the report states.
In that period of time, Pitts said he ordered Davis to drop his weapon two times. The officer alleges Davis ignored him and along with his girlfriend, April Edwards, continued to berate him about shooting the dog.
Pitts, who said he feared for his life, responded with three gunshots, hitting Davis in the chest, abdomen and arm. He died two days later at Grady Memorial Hospital.
Pitts’ attorney, Noah Pines, said Wednesday that while the shooting was “unfortunate,” his client had “no other viable option.”
"This is not a case of the police shooting an unarmed man," Pines told The Atlanta Journal-Constitution. "It's a case of a good officer encountering a highly agitated, intoxicated, man who was armed and who failed to drop his gun despite numerous commands."
The D.A.'s office concurred, concluding in its report that Davis had "adequate time to react" to the commands to drop his gun. Last October, a civil grand jury unanimously recommended that Pitts not be charged.
Mawuli Davis, attorney for Kevin Davis’ family, said the timeline is based on estimates that can’t be confirmed. And Edwards said she was still in the bedroom when her boyfriend was shot.
“Our position remains that Mr. Davis did not pose a threat to that officer,” Mawuli Davis said Wednesday.
No one disputes that Davis, while armed, did not aim the gun at Pitts. And his sister said the firearm, which had been in their family for years, wasn’t even operable, though the D.A.’s report contends it was fully cocked and loaded.
“This was a cover up from the beginning,” said Delisa Davis, adding her brother had no criminal record. “They got away with murder.”
Mawuli Davis said he plans to conduct his own investigation and expects to decide his next step in about a month.
“Right now, we’re having to rely on the experts of the current D.A.,” he said.
Meanwhile, Pitts is back on the force, his attorney said. DeKalb police absolved him of any responsibility before he testified before the civil grand jury.
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