BUFFALO, N.Y. — The trial of a woman charged with hitting a New York State Trooper with her car during racial justice protests over two years ago has been delayed again.
Jury selection was set to start the morning of December 12th, but was rescheduled to February 2023 after the judge learned the defendant Deyanna Davis had retained a new attorney after a falling out with her most recent legal team.
Davis had chosen attorney Samuel Davis, now a Buffalo City Court Judge, to represent her over two years ago. Attorney Emily Trott was appointed to the case in August.
At the beginning of Monday's appearance, Trott informed Judge Kenneth Case that there had been an "irreparable breakdown in communication" and asked that she and attorney Sean Kelly be removed from the case.
Judge Case granted the request and approved Ms. Davis' third attorney or legal team in two years as Frank LoTempio III. The judge said he had hoped to begin the trial before the end of the year but given and lack of preparation time allowed because of the attorney swap, set February 1 as the new start date for jury selection and scheduled a pre-trial hearing for January 5.
Ms. Trott stated to the court that her own efforts to prepare for trial were even hampered by an apparent lack of work done by Ms. Davis' original attorney, Samuel Davis during the 2 years he was responsible for the case.
2 On Your Side left a message with now Judge Davis' office seeking comment.
Ms. Davis is charged with two counts of felony assault and is accused of hitting state trooper Ronald Ensminger with her car on June 1, 2020, while he was in a police line on Bailey Avenue. Ensminger suffered a broken pelvis and ribs.
Ensminger's attorney Thomas Grillo said in a statement to 2 On Your Side Monday evening that his client "continues to suffer from the serious life-changing injuries he sustained on the night of the incident." He added that the injuries ended his client's law enforcement career.
Prosecutors revealed in court, that a plea deal has been offered and remains on the table for Ms. Davis, who has neither accepted nor rejected it as of Monday's court appearance.
The deal would involve pleading to a lesser charge of attempted assault which comes with a sentence of 3.5 years in prison and 5 years post-release supervision. LoTempio III said he would review the offer with his client.
Davis did have a federal gun charge against her dropped back in April by the U.S. Attorney's Office. At the time no explanation was given.
Outside the courtroom, Davis' family and friends blocked her from the view of cameras down the hall as they entered an elevator. Frederick Nolley, Davis' Uncle told reporters that they were advised not to comment on what happened in court.
"We will say that the judge seemed a little fair today," Nolley said.
Ensminger's attorney called the decision to delay the trial proceedings "unfortunate" but added in a statement that "Trooper Ensminger has confidence in the District Attorney’s Office, the prosecution team, and the process."
Ensminger has pending civil litigation against the City of Buffalo, the Buffalo Police Department, and Deyanna Davis.
The Erie County District Attorney's Office said it does not comment on pending litigation.