BUFFALO, N.Y. — The Buffalo woman accused of running over a New York State trooper and two other officers during a protest a month ago will not be released from custody.
There was a chance Deyanna Davis could have been let out this week, but federal prosecutors were able to block that from happening.
The U.S. Attorney's Office has filed new documentation requesting a federal judge to review the decision a lower court judge made last week, allowing Davis to be released under electronic monitoring and other conditions.
Because a higher court judge will hear the case, Davis will not be let out at this time.
Last week, federal magistrate court Judge Jeremiah McCarthy ruled that prosecutors did not make a strong enough argument to prove that Davis is a danger.
She's accused of plowing through a protest on Bailey Avenue in Buffalo, running over a state trooper, and injuring two other officers. Those officers survived.
Davis is also accused of illegal possession of a firearm. It was up to prosecutors to oppose her release by Tuesday at 5 p.m.
The U.S. Attorney's Office has done that.
"Is it a disappointment that we don't have her home? Of course it is, it's a disappointment because her kids anticipate her, disappointed it's hard, but guess what we're still prayerful and we haven't given up we'll never give up," said Ayanna Carr, Davis' mother.
And now, district court Judge Lawrence Vilardo will hear the case and a hearing has been set for July 7.
Davis' family wants her to be released. They believe she still needs treatment for gunshot wounds she suffered during the protest.
The U.S. Attorney's Office, through court documents, is releasing new information regarding the ongoing investigation into Davis.
Davis was shot during the protest – but there have been questions as to when that happened. Her defense attorney argues it happened before she drove into the crowd.
"No one can actually tell us when my client was shot no one can tell us who shot my client and all the evidence seems to show that she did not move that vehicle until she started to experience gunfire," defense attorney Sam Davis said last week.
The U.S. Attorney's Office, in court documentation says police shot Davis, "As the defendant's vehicle struck the police line, law enforcement fired four shots at the vehicle, striking the defendant twice, once in the abdomen and a graze wound across her shoulders."
Davis was in the car with two others.
Prosecutors write, "The evidence demonstrates that after the defendant's SUV sat idling for several minutes, co-defendant Pigram opened the rear driver side passenger door of the defendant's vehicle and discharged 10 rounds from a stolen 9mm handgun."
Prosecutors also say NFTA video clearly shows there was no damage done to her car, no sound of other gunshots.
The U.S. Attorney's Office is also revealing details of Davis' interview with police, "At no point during the interview does she express that she was coerced or under duress. At no point during the interview does she intimate that she was afraid of Stewart or Pigram."
Davis' family believes that she is being unfairly portrayed in the media.
"Deyanna never intentionally hurt anybody, I've never seen anything as drastic as what happened this is certainly not Deyanna and we want everybody is know this is not of her character Deyanna is not violent," Carr said.
Her family says she is career driven -- graduating from Bryant and Stratton College two years ago with an Associate's Degree and that she went back to get her Bachelor's in business and would've gotten her degree this past semester.
Her family says Davis runs an online business selling clothes and accessories and has four kids and is married.