After shootout with phantom intruder, man faces attempted murder charges

One month after a man shot at deputies thinking he was preventing a home invasion, a 34-year-old Bradenton man faces two charges of attempted murder.

At about 1 a.m. Feb. 6., deputies were called out to the home of Mark Davis in the 3600 block of 29th Street East in response to a home invasion, but no evidence was found, according to the probable cause affidavit.

Three hours later, another call for shots fired was made in the same location. Deputies surrounded the house and muzzle flashes came from a window, striking the area near two deputies. Law enforcement returned fire and announced their presence, but gunfire kept coming, according to the affidavit.

After a standoff, Davis emerged from the house carrying a firearm and a stick, the affidavit said. As he was being taken into custody his pit bull began charging and a deputy shot the dog, killing it.

On Tuesday afternoon, Davis appeared before Circuit Judge Diana Moreland for a first appearance hearing to face his new charges.

Davis is now being held on bonds totaling $400,000. He has remained in custody at the Manatee County jail since his initial arrest Feb. 6.

Moreland also ordered Davis on house arrest with a 24 hour a day curfew, should he make bond. Davis is also prohibited from having any contact with the deputies he is charged with shooting at.

The Public Defender’s Office was appointed to represent Davis, who told Moreland he doesn’t work and is disabled.

A public defender argued there was insufficient probable cause for the new charges, saying there were no facts to indicate Davis knew there were law enforcement officers outside. Moreland disagreed, saying that a public address system was used and that others in the home had heard the warnings.

Following his arrest, Davis told detectives he thought he was shooting at someone who he thought was trying to break into his house and didn’t know he was shooting at deputies.

He was initially charged with two counts of aggravated battery on a law enforcement officer. The new charges were added Monday.

Davis, who said Tuesday that he has lived in the area since 1988, has a lengthy criminal history with dozens of arrests over the last three decades.

His most recent arrests were for battery in February 2012, September 2012 and July 2014, but the State Attorney’s Office declined to prosecute each of the cases. Other charges in his criminal history include possession of cocaine, possession of marijuana, possession of a controlled substance and possession of a firearm by someone previously found adjudicated delinquent by a court.

This story was originally published March 7, 2017 at 8:56 AM with the headline "After shootout with phantom intruder, man faces attempted murder charges."