Drop gun charge, prosecutor asks judge

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A federal charge against a Greensburg man with a record of drug dealing and violent crime should be dismissed, according to a prosecutor’s motion filed Monday following a judge’s decision to toss out some evidence.

Marcus Davis, 36, was indicted last year for possession of a gun by a convicted felon, after he was accused of having in his home a .45-caliber Smith & Wesson revolver. A grand jury found that he had been convicted of drug dealing in 1998, 2000, 2006, 2008 and 2010 of carrying a firearm without a license, resisting arrest, aggravated assault and criminal conspiracy.

Assistant Federal Public Defender Marketa Sims argued that the search of his home that led to the arrest was tainted.

U.S. District Judge Mark Hornak wrote that Greensburg police, acting on a tip and an informant’s account, searched Davis’ house. He was told he was not under arrest and was not read his rights. He was handcuffed.

The judge wrote that a detective changed his account of statements by Davis, and that, “while the written inventory of the property seized in the search included, among other things, one (1) Lipton Brisk Iced Tea container and one (1) Dasani Water bottle, it did not include the gun which is at the center of the case.”

Judge Hornak did not suppress the finding of the gun, but did throw out Davis’ alleged self-incriminating statements. U.S. Attorney David Hickton and assistant U.S. attorney Katherine King wrote that the indictment should be withdrawn.

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