A Fayette County grand jury will review the case of a Lexington man accused of shooting a juvenile in the head last week.
Davric Givens, 21, appeared in Fayette District Court on Wednesday morning for a preliminary hearing. He is charged with first-degree assault and is one of two men police have said were shooting toward a car the victim was in.
Police have not released the identity of the second man. Investigators are searching for him but had not found him Wednesday, Lexington police spokeswoman Sherelle Roberts said.
The shooting occurred Oct. 13. Police have said a car was parked at a Lakeshore Drive apartment complex near Henry Clay High School when gunfire broke out.
The juvenile, whom police have not identified, was at University of Kentucky Chandler Hospital and he has responded to verbal commands, detective David Richardson said Wednesday.
The shooting came at the end of a violent nine days in Lexington during which there were 14 shootings, 10 injuries and one homicide. The rash of shootings created a backlog of evidence at the police department that has contributed to several unanswered questions in Givens' case, said his attorney, public defender Shannon Brooks-English.
"There is a lot of evidence that we don't have yet. Because of the number of shootings there have been thus far, a lot of stuff hasn't been processed," she said.
When asked about Brooks-English's comments later Wednesday, Roberts said there is no backlog of evidence stemming from the shootings. Roberts said evidence from several of the shootings is pending at the Kentucky State Police Lab in Frankfort.
"We always expect when we send away pieces of evidence ... it could be months before we get results," she said.
Among the evidence police recovered in the Lakeshore Drive shooting were two sets of shell casings at the scene, which supports witness statements that two people were shooting, Brooks-English said.
Richardson said that gunpowder residue tests performed on Givens had been sent to the Kentucky State Police lab and were awaiting results. Police had not found the gun.
Givens was charged with assault after a witness who saw two men shooting identified Givens out of a lineup after he was taken into custody a short distance from the scene, police have said.
Richardson said Givens was found trying to use the phone at a nearby apartment to call his girlfriend. Brooks-English said she thinks Givens was trying to call 911.
Richardson also said it was unclear whether the shooting was related to a drug deal because investigators had not yet gotten consent to search the car, which belongs to the victim's girlfriend.
Givens, who is the son of a corporal at the Fayette County jail, has no prior criminal history in Lexington.
"He doesn't seem like he's a thug," Brooks-English said of her client. "He seems like a pretty soft-spoken, kind of nice guy, so it's hard to know how he ended up in this.
"My suspicion is that he got into something that ended up being over his head."
Givens was being held at the Fayette County jail on a $7,500 bond.