BUFFALO, N.Y. — A Buffalo woman who drove through a police blockade and ran over a New York State Trooper is asking for a delay in her sentencing.
Deyanna J. Davis, 33, pleaded guilty in Erie County Court on February 1 to one count of assault in the second degree.
Her plea came the same day jury selection for her trial was expected to begin.
Now, Davis has filed a motion for a preliminary injunction to keep her from being sentenced until a judge reviews whether the Erie County District Attorney’s office properly submitted her case to the grand jury which indicted her, and whether or not she had effective counsel.
In her motion, which she filed on her own behalf, Davis called her original lawyer “objectively deficient” and incompetent.
She also claims the District Attorney failed to notify her that her case was being presented to a grand jury thereby depriving her of her ability to testify on her own behalf.
The Erie County District Attorney's office said Davis "recklessly caused serious physical injuries to another person by driving her vehicle through a law enforcement blockade" during a protest on Bailey Avenue in Buffalo on June 1, 2020.
The protest was one of many which were held across the country following the death of George Floyd.
New York State Trooper Ron Ensminger was run over by the Davis' vehicle.
Trooper Ensminger spent several weeks at the hospital being treated for a shattered pelvis and broken leg. He was unable to return to duty and had to retire from the NYSP.
“This defendant’s reckless behavior injured a State trooper who was working to keep people safe during a protest. There were crowds of people on the streets that night and I am thankful that no one else was hurt during this incident. I hope that the victim feels that justice has been served by this defendant pleading guilty today,” said Erie County DA John Flynn in a press release.
Davis faces up to seven years in prison when she is sentenced in May. She remains released pending sentence on a bond posted in Buffalo City Court.
Trooper Ensminger has filed a lawsuit against the City of Buffalo, the Buffalo Police Department, and Deyanna Davis.
