TYLER, Texas — Editor's Note: The above video aired on March 14, 2024.
A Tyler man was sentenced to 45 years in prison Friday for accidentally shooting a 3-year-old and possessing drugs and firearms.
Darius Jubarne Davis, 31, arrested on March 13, 2024, in connection with the shooting of a 3-year-old girl at the Liberty Arms Apartments, located at 2601 N. Broadway Ave. The child was taken to the Dallas Children's Hospital with non-life-threatening injuries at the time.
On Friday, he entered guilty pleas to manufacture or delivery of a controlled substance and unlawful possession of a firearm by a felon in the 114th District Court. As a part of the plea, Davis had an aggravated assault with a deadly weapon charge was dismissed, according to jail records.
For the unlawful possession of a firearm offense, he was sentenced to 20 years. For the controlled substance conviction, he was given a 45-year sentence. He will serve the sentences at the same time for a total of 45 years, records show.
According to an arrest affidavit, the girl's mother told police Davis was playing with a gun in her apartment while she was just outside the door talking to a neighbor. She said Davis had pointed the gun toward the floor. He then shot the gun into the floor and the bullet ricocheted, striking the girl.
The mother said she yelled at Davis to get out of her apartment and she called 911. Davis was found by police officers on 26th Street across the street from the apartment complex, police said.
When he was taken to the police station, officers said he was "very intoxicated" and wouldn't be able to talk to detectives. During his arrest, police found Davis had illegal narcotics, fentanyl and two firearms. While getting searched by police, Davis made statements saying the shooting was because of a ricochet and the floor would show that, the affidavit stated.
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