VIRGINIA BEACH, Va. — A judge ruled one of the teenagers accused of shooting at an undercover Virginia Beach Police Officer last year can be tried as an adult during a court hearing Tuesday morning.
Another teenager will be tried as a minor. The third person involved, Thomas Davenport, who was 18 at the time, had his charges certified to a grand jury during the hearing.
The three are accused of shooting at the officer, who was in plain clothes and in an unmarked van, in the Level Green neighborhood on Aug. 2, 2023.
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2 teens accused of shooting at Virginia Beach PD officer, police say
The officer was not hit and fired two shots of his own, which also did not hit anyone.
The three faced numerous charges following the incident. During Tuesday's hearing, the judge handled each of the three's cases separately, but advanced attempted second degree murder charges against all three, saying there was probable cause.
During the hearing, the officer involved testified that he was conducting undercover surveillance in the area after another police officer had their gun recently stolen out of their car.
As he was driving in the area, he saw a group of four people and followed some of them through the neighborhood as he thought they might be stealing from cars.
Then, he testified he heard gunshots and saw a gun pointed towards him. He said he fired two shots of his own as the van took gunfire, breaking glass and cutting his arms.
Watch previous coverage: 2 teens accused of shooting at Virginia Beach PD officer, police say
"I'm getting shot at! [Expletive]," the officer is heard yelling on his body worn camera, which was briefly played during the hearing.
The officer said a bullet went into the van's steering column, just inches from hitting him.
During the hearing, an investigator said Davenport was arrested a few days later and told him he did not know he was shooting at a police officer and was in fear of the minivan driving around them, thinking it might be a group who didn't like him.
One of the teenagers said he heard the gunfire and then fired one shot, the investigator testified.
Forensic evidence linked the other teenager to the shooting as his DNA was found on one of the guns recovered at the scene, the investigator said.
Crime
2 teens accused of shooting at VBPD officer to stay in custody, judge says
The judge ruled the teenager who is accused of firing the one shot could be tried as a minor after his attorney raised concerns about his mental health.
The Commonwealth's Attorney is appealing that ruling.
The attorney for the other teenager is also appealing the judge ruling he can be tried as an adult.
Both of the teenagers were 16 at the time. One is now 17.
All three remain in custody and will be due back in court at later dates.
