A ‘phantom intruder’ and a dead dog: More details emerge from shootout

A misunderstanding and a “phantom intruder” left a dog dead and a man arrested on a charge of aggravated battery on a law enforcement officer as new details emerge from Monday’s shootout.

According to the probable cause affidavit, 34-year-old Mark Davis initially called 911 to report a home invasion around 1:05 a.m. Monday in the 3600 block of 29th Street East. Deputies didn’t find any evidence to Davis’ claim, but they noted that a roommate had arrived at the house late and he believed someone broke into the house.

Nearly three hours later, a report of shots fired came in from the same location. While deputies were driving to the house, the sheriff’s office reported that Davis called 911 again and made “threatening statements.”

As law enforcement surrounded the house, more shots were heard coming from inside. A deputy had seen the flashes of gunshots coming from a window and rounds hit the area where two of the deputies were, according to the sheriff’s office.

The deputy returned fire and yelled that the sheriff’s office was present, which deputies on the opposite side of the house had heard, according to the affidavit. Shots came from the house in the same direction and the deputies returned fire until the gunfire stopped.

Davis walked out through the front door after a long standoff with a gun and stick in his hands, dropping them when ordered by deputies.

As Davis was being taken into custody, his pit bull began charging the arresting officers, according to the sheriff’s office. One of the deputies shot and killed the dog before it reached them.

Three people, including a 4-year-old, were in the house at the time, according to the sheriff’s office. The adults told law enforcement they were sleeping while Davis was shooting in the house.

Casings were found inside the house, along with alcohol and a small amount of drugs, according to the affidavit.

When interviewed by detectives, Davis said someone was able to successfully break into his house. He thought he was shooting at the suspect, not what ended up being law enforcement officers. According to the detective who wrote the report, Davis was “just shooting out the window in hopes of hitting the phantom intruder.”

Davis faces at least two charges of aggravated battery on a law enforcement officer and is being held at the Manatee County jail without bond.

This story was originally published February 7, 2017 at 1:57 PM with the headline "A ‘phantom intruder’ and a dead dog: More details emerge from shootout."