The Clark Atlanta University graduate student accused of shooting another motorist in a road rage incident has been freed after a month in prison.
Superior Court Judge Kimberly Esmond Adams ripped the Fulton County District’s Office Monday in her dismissal of the case against 32-year-old Ladavious Dashawn McNair, saying prosecutors held onto evidence exonerating the military veteran and graduate student for nearly a year.
“I think this merits a conversation with the district attorney because I agree with you it’s egregious,” said Judge Adams.
Prosecutors came to the judge Friday to petition for a dismissal, saying their witness could no longer identify McNair.
The shooting took place in November 2023. The victim told police that he and McNair were involved in a minor accident and, when they stopped, McNair got out of his car, pistol-whipped him and shot him in the leg.
McNair has claimed innocence from the beginning, and he had witnesses confirming he was in class when the incident occurred. His professor confirmed it.
After seeing a report about the case on television, the witness contacted McNair’s attorney, Marsha Mignott, and said he was not the assailant.
Mignott says the victim told her the lead detective wanted McNair to remain the chief suspect. The defense attorney called for “an investigation into all the other cases this tainted officer has touched. How many other Ladavious McNair’s are sitting at Rice Street?” Mignott said.
McNair was not in a forgiving mood upon his release Monday.
“Only one way to make this right, and a handshake might not do. An apology or an ‘I’m sorry’ might not do,” McNair said.
“I’ve experienced a lot of trauma in this,” he continued. “Experienced things no one should have to experience. As a veteran, I served my country and community, and I felt in this moment that my community turned their back on me.”
McNair’s family and friends fought hard for his release, taking his case to the media and insisting he was a victim of mistaken identity.
“It’s imperative that we raise awareness of Ladavious’s case and hold the Fulton County DA’s office accountable for its inaction,” wrote fraternity brother and friend Reginald Dominique. “Ladavious deserves his freedom, and we demand that the legal system correct this mistake immediately.”
Atlanta police previously said they have video evidence, though it was never shared and, seemingly, never existed in the first place.
Just last week the family’s frustrations came to a boil.
McNair was supposed to have a preliminary hearing on Tuesday. Friends and family packed the courtroom only to find out he had been indicted by a grand jury the previous week, thus delaying the hearing.
“We were ready,” Mignott said. “We had witnesses ready to present evidence that he is not the person who was the suspect on November the first of 2023.”
McNair’s fiancée, Nyla Thornton, was among those in the courtroom Tuesday.
“I’m at a loss for words,” Thornton said. “It’s an injustice to have an innocent man sitting in jail. It’s unrealistic, it’s inhumane. “
In a statement last week, the DA’s office said it made multiple attempts to contact but the defense lawyer failed to return calls or respond to emails.
“This office makes charging decisions based on the facts shown by the investigation and the applicable law,” wrote spokesman Jeff DiSantis. “We will try the case in court, not in the media.”
Or not at all, as it turns out.
