Woman shot by Dayton police indicted

A 28-year-old Dayton woman indicted Friday was shot by Dayton police last week as they said she was trying to run over another woman with a car.

Damika Lutence Legrand is scheduled to be arraigned Tuesday in Montgomery County Common Pleas Court for one count of felonious assault.

Dayton police were called around 10:40 p.m. July 22 to the 1700 block of Newton Avenue after a 911 caller told dispatchers she was arguing with her child’s father and was in fear for her life, Lt. Col Eric Henderson last week.

The woman said she was being stalked by the man and had been fighting with him over a set of house and car keys. Legrand is the man’s current girlfriend, Henderson said.

Responding officers heard people arguing, and saw a red Chevrolet Impala with its engine running that was parked against the curb in front of the home, with Legrand behind the wheel. Legrand accelerated toward the woman, who was standing on the sidewalk, and the car jumped the curb but the woman was able to get out of its path, according to an affidavit filed in Dayton Municipal Court.

Damika L. Legrand. Photo courtesy Miami Valley Jails.

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As the vehicle accelerated, officer Joshua Gundaker fired three rounds. Legrand maneuvered back onto the street and drove off, Henderson said. He said the incident took place in a matter of four seconds.

Legrand called 911 at 10:50 p.m. and reported that she was shot and had her daughter in the car. The child was not injured and has been placed in a relative’s care, Henderson said.

Legrand was treated and released for a gunshot wound to her arm and then was booked into the Montgomery County Jail, where she remains.

Henderson said there is no indication the officer knew there was a child in the back of the Impala, which reportedly had dark-tinted windows.

Gundaker was placed on paid administrative leave pending an investigation by the Dayton Police Department’s Professional Standards Bureau.

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