The Greenwood teen who shot and killed a 15-year-old Center Grove High School sophomore last year will continue to be treated as an adult in the eyes of the law, a judge decided Friday.
Johnson County Superior Court 2 Judge Peter Nugent examined new evidence and facts from the defense and the prosecution, and decided the case against 16-year-old Marcus Salatin should remain in adult court.
The case’s fate was in question because Salatin pleaded guilty to criminal recklessness, a low-level felony which would normally be automatically referred to the juvenile justice system. He was initially charged with murder.
Johnson County courts have never had a reserve waiver to consider, but this little-known part of the law came into play due to the unique circumstances of the case that slowly came to light during the course of the investigation, county prosecutor Joe Villanueva said.
Kashius Davis was shot and killed Oct. 30, 2020 in a car he was riding in in the Foxberry Trace neighborhood, near Smith Valley and Berry roads in west Greenwood. He is remembered by family as a sweet boy who would do anything for family and friends.
Police arrested Salatin after a brief manhunt on charges of murder, criminal recklessness with a deadly weapon and carrying a handgun without a license. However, new evidence and uncooperative witnesses killed the state’s case for murder despite their best efforts.
Davis was in the neighborhood with two of his friends, a 19 year old and a 16 year old, to confront Salatin about a personal matter, according to court documents.
Davis and the other teens were still in the vehicle with their windows rolled up when Salatin opened fire, the teens told police. All three teens were unarmed at the time of the shooting, court documents showed.
Salatin fired about eight shots, most of which struck Davis. One bullet injured the 19 year old, and another hit a nearby mailbox, according to court documents.
During the course of the investigation, the teens who were in the car with Davis when the shooting occurred gave multiple false statements during their depositions. The investigation also uncovered images and social media posts that showed the other teens had guns and had been threatening Salatin prior to the shooting.
Those false statements and new evidence gave credence to Salatin’s claim of self-defense, which made a jury trial unlikely to yield a conviction beyond a reasonable doubt, Villanueva said.
Though the murder charge was not provable beyond a reasonable doubt, he decided to pursue the lesser charge to hold Salatin accountable for his actions, he said.
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.
He could serve a year to 2.5 years in the Johnson County jail, or at the Pendleton Juvenile Correctional Facility, depending on Nugent’s sentence.
Salatin has been incarcerated since the night of the shooting, which was more than eight months ago. That credit will reduce the amount of time he serves following the sentencing. He spent most of that time at the local juvenile detention center, but was sent to the Johnson County jail for several months due to behavioral issues, Villanueva said.
The state successfully argued for Salatin’s case to remain in adult court. Villaneuva argued the 16 year old was closer to adulthood than childhood, and Salatin was not receptive to rehabilitative programs he has had access to while in juvenile detention.
Further, he argued the adult justice system provides more options for ongoing supervision following incarceration.
Additionally, had the case been reassigned to juvenile court, Salatin likely would have been released now, with a directive that he participate in rehabilitative programming, Villanueva said.
Salatin has already served more than the six months a juvenile could be sentenced to for a felony of this level.
Salatin’s attorney Carrie Miles argued that Salatin’s behavior problems are proof that he still has the mindset of a teen and should be considered as such for this case. Those behavior problems could be best rehabilitated through the juvenile justice system, she said.
Miles brought up Angela Morris, chief juvenile probation officer, as a witness to offer insight into the possibilities of a juvenile sentence for Salatin. Morris explained the goal of the juvenile justice system is to provide programming designed around the needs of the child, and what behavior and cognitive adjustments are needed to help them avoid reoffending.
“We are disappointed, but I understand the judge’s ruling,” said Michael Auger, another defense attorney on the case. “Certainly, from Marcus’s perspective, we hoped that this would have stayed in the juvenile justice system so he can be introduced to some programs that could rehabilitate him before he goes back into society.”
Though it is not the outcome the defense wanted to see, it is good the case is coming to a close so Salatin can move forward with a resolution in sight. The hope is that he can carry out his adult sentence in the juvenile correctional facility so he has access to programming, Auger said.
Though Davis’s family remains hurt and outraged the case did not go to trial, they are celebrating this small win.
Still, anything less than a murder trial is not justice, his family says.
“I feel like the prosecutors would be the only people who could fight for justice, but they didn’t,” Davis’s grandmother Donna Poole said on Friday. “They just bowed out.”
Salatin is set to be sentenced on Friday.
