Family and friends of a 15 year old who was shot and killed last fall are speaking out about a plea agreement that would allow the Greenwood teen charged with his murder to serve time on a lesser charge.
Kashius Davis, a 15-year-old Center Grove High School student, was shot and killed Oct. 30, 2020 in the Foxberry Trace neighborhood, near Smith Valley and Berry roads in west Greenwood. Marcus Salatin, 16, was arrested after a brief manhunt on charges of murder and criminal recklessness with a deadly weapon. But prosecutors say new evidence and uncooperative witnesses killed their case for murder despite their best efforts. The defense says Salatin was acting in self-defense. Now, he could serve a year to 2.5 years in jail.
If convicted of murder, Salatin could have faced up to 71 years in prison, but with the plea deal on the table right now, Salatin would be convicted of a Level 6 felony.
Davis was in the neighborhood with two other teens to confront Salatin about a personal matter, according to court documents.
A 19 year old was also shot during the altercation but survived.
Neighbors called the police after they heard gunshots, and eight shell casings were found at the scene, court documents detailed.
Davis, the 19 year old and a 16 year old who was not injured in the shooting were still in the vehicle when Salatin opened fire, they told police. All three teens were unarmed at the time of the shooting, according to court documents.
During the course of the investigation, which continued beyond when the charges were filed, the two teens who were in the car with Davis gave false statements in their depositions, and the 19-year-old witness admitted to lying under oath. The teens were the only eyewitnesses to the shooting.
Those false statements and new evidence which suggests Salatin likely thought the boys were coming to his house with guns in tow irreparably damaged the case for murder, Johnson County Prosecutor Joe Villanueva said.
“The newly discovered evidence, the diminished credibility of the only two eyewitnesses (with one of those witnesses now refusing to cooperate), coupled with standard defense investigatory challenges which now had new meaning, left us in a situation where we would not be able to overcome Salatin’s argument of self-defense to a jury of 12 individuals beyond a reasonable doubt,” Villanueva said in a statement Tuesday.
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Some of the evidence uncovered indicated the unidentified juvenile had solicited and purchased guns on social media. The way the firearms were portrayed in photos and posts in the days leading up to the shooting “were directly related to the claim of self-defense” that Salatin’s defense attorneys planned to use in court, Villanueva said.
Though he feels a murder case is likely not provable beyond a reasonable doubt, he decided to pursue the lesser charge to hold Salatin responsible for shooting a gun recklessly, he said.
“Even though Salatin will not be able to be held accountable for his specific actions in connection with Kashius Davis, it was a goal of both law enforcement and our office to still hold him accountable to our community,” Villanueva said.
Ultimately, he chose not to pursue the murder case because the friends that Davis had sought to help that day made conviction an unlikely outcome, he said.
“Our hearts break for the Davis family, and those who knew Kashius. It is a cruel twist of irony that the two individuals who were supposed to be his ‘friends,’ and the individuals who were the basis of the state’s case to hold Salatin responsible for Kash’s death, ended up being the reasons we are now unable to do so,” Villanueva said in the statement.
Salatin’s defense team — attorneys Andy Baldwin, Carrie Miles and Mike Auger — say Salatin was acting in self-defense to protect himself and his family, after the two unidentified teens had threatened him with gun violence in the preceding months.
“It was only after several months of avoiding these threats and only when Marcus became aware that these two individuals had in fact obtained his home address and were intending on driving there to confront him further, that Marcus Salatin chose to leave his home so as to remove the threat of violence to his family. While trying to avoid the threat, the perpetrators found Marcus, who then was forced to react to defend himself,” the defense team said in a joint statement Tuesday.
“Ultimately, Kashius Davis seemed to become unwittingly entangled in this unfortunate series of events and ultimately died because of actions of his so-called friends.”
The defense was glad to see the case thoroughly investigated and the murder charge taken off the table with the deal, they said.
“The Johnson County prosecutor, with all of his experience, was able to determine that the facts would likely lead to an acquittal. The citizens of Johnson County are fortunate to have a prosecutor that will continue to review a serious case and resolve it appropriately,” the attorneys said.
The family, still reeling from the loss of Davis, says justice is not being served.
Davis was a sweet, charming boy who would do anything for anyone who needed help, said Donna Poole, his grandmother.
Davis was in the car that day because his friends needed help, she said.
He helped elderly people at the grocery store, made sure the new kid at school felt welcome and said “thank you” to every veteran he met. Her grandson lived to help people, Poole said.
The family knew he was a good person in life, but learned after his passing just how beloved he was by his peers. Countless friends have reached out to share the impact he had on their lives, she said.
It is likely he didn’t know what he was getting himself into when he agreed to go with those friends. He didn’t know the boys that well, to the family’s knowledge, and was only acquaintances with Salatin, Poole said.
Being in this type of situation is not something Davis would normally do. To prove that and get justice for him, the family had hoped this case would make it to trial, she said.
A jury trial was scheduled for next month. It has been canceled.
“This is one of the reasons why we wanted it to go to trial,” Poole said. “We wanted everyone to know what kind of person Kashius was, and have that come out in the testimony. This is a situation he wouldn’t normally put himself into. He was not like those boys.”
Losing him is already a living nightmare for the family, said Davis’ mother, Echo Poole-Davis. The plea deal adds to the loss and pain they live with every day, she said.
“Kashius has a 2-year-old brother that misses him so bad,” Poole-Davis said in a statement. “He asks to go see Kashius, and we only get to do that at the cemetery. Kingston, his little brother, knows exactly where he lays and runs there, sits down and acts like he’s playing toys with Kashius. This is my life now. Why?”
No charges have been filed against either witness at this time. However, the prosecutor’s office may add charges for them following the resolution of Salatin’s case, Villanueva said.
A sentencing hearing is set for 10 a.m. May 7 at Johnson County Superior Court 2.
