Davis also was charged with a fifth count of felonious assault.
Pate, Davis, Kevin Jones and another unidentified person drove to a Superior Avenue apartment Sunday evening and met with a man and woman inside. Pate and Jones went in first, and Davis and the unknown person arrived about two minutes later, according to an affidavit.
The man inside the apartment told police a man wearing a mask ran into the apartment and starting shooting at him, according to court documents. The woman reportedly picked up a gun and fired back at the masked man.
“At this same time, Jones and Pate pull out guns and start shooting at (the apartment residents),” an affidavit read. “While Jones, Pate and the other male wearing the mask are fleeing the apartment, all three are shot.”
Jones, 38, was pronounced dead in the hallway.
Video from outside the apartment building showed Davis, Pate and the unknown man leave out the back door and get into a white SUV that fled the scene, according to court records.
Dayton police tried to stop the SUV and chased it for approximately two minutes until it stopped outside Miami Valley Hospital.
The man and woman who lived in the apartment also were shot, according to court records. The Dayton Fire Department took both of them to Miami Valley Hospital.
Dayton police Maj. Brian Johns said Monday a large amount of drugs, mainly marijuana and marijuana-type products, were recovered at the apartment.
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