Davis also was indicted on a second having weapons while under disability charge.
Under Ohio law, defendants can be charged for any death that occurs during an aggravated burglary, including the death of an accomplice, according to the Montgomery County Prosecutor’s Office.
On June 4, Dayton police responded to a shooting at an apartment in the 300 block of Superior Avenue. Kevin Jones, 38, was pronounced dead at the scene, according to Montgomery County Coroner Dr. Kent Harshbarger.
Davis, Pate and Jones arrived at the apartment with a fourth unidentified person and met with a man and woman inside, according to Dayton Municipal Court records. Pate and Jones went inside first, with Pate and the fourth person joining them a few minutes later.
The man at the apartment later told police a man wearing a mask ran into the apartment and starting shooting at him, according to court records. The woman reportedly grabbed a gun and returned fire.
Jones and Pate then pulled out guns and started hooting at the apartment residents, according to an affidavit.
“While Jones, Pate and the other male wearing the mask are fleeing the apartment, all three are shot,” municipal court documents read.
Jones was reportedly found dead in the hallway.
Davis, Pate and the unknown man left in an SUV and led police on a two-minute chase that ended when the vehicle stopped at Miami Valley Hospital, according to Dayton Municipal Court records.
The man and woman living in the apartment also were shot and were taken to Miami Valley Hospital by the Dayton Fire Department.
Dayton police Maj. Brian Johns said officers recovered a large amount of drugs, mainly marijuana and marijuana-type products, at the apartment.
Davis and Pate are scheduled to be arraigned on June 29.
Davis is held on $1 million bail in the Montgomery County Jail.
A warrant was issued for Pate’s arrest, and he was booked into the jail on Wednesday afternoon.
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