AUGUSTA — A New York woman charged with aggravated assault after shots were fired in the Wal-Mart parking lot in Augusta last month will remain behind bars at least temporarily.

A judge on Tuesday declined to rule on a request to lower the $5,000 bail set for Diana Davis, 29, of Rochester.

However, Justice Donald Marden said he would be amenable to reducing the bail amount if Maine Pretrial Services agreed to supervise her.

At Tuesday’s bail hearing at the Capital Judicial Center, Davis’ attorney, William Baghdoyan, said Davis has been held since the June 26, 2016, incident, but that the only discovery material he has received from the state is a two-page affidavit by Augusta Police Detective Brian Wastella with one line concerning Davis.

Baghdoyan said there are a number of co-defendants as well as a number of witnesses, including the two armed civilians who intervened following the shooting, but he has not seen a police report or anything else.

“We don’t have any statements from anybody,” he said.


Baghdoyan said the state alleges that after Davis’ vehicle was shot, “she assisted her brother in subduing the alleged shooter.”

Davis is one of four people charged in the incident, which investigators characterized as a drug deal gone bad, and which the participants told police was a dispute over money.

Wastella’s report indicates that Davis was in a silver Volkswagen with her brother Frankie DeJesus, 26, of Rochester, New York, and having an argument with Reginald “Reggie” Kweasia McBride, 45, of Harlem and Samantha Tupper, 24, of Augusta, who were in a separate vehicle parked alongside them.

After several gunshots were exchanged between DeJesus and McBride, striking the vehicles, but not injuring anyone, a fight erupted.

Tupper told police, “DeJesus and Davis began beating McBride, observing DeJesus hitting McBride in the head with the butt of his gun while Davis restrained McBride,” Wastella wrote. Both men later claimed they fired in self-defense.

Baghdoyan had a different version: “When the other guy’s gun jammed and it would shoot any more, she and her brother got out to stop him,” Baghdoyan said.


Baghdoyan told the judge that Davis has no criminal record and does not have family in Maine. He suggested a cash bail amount of between $500 and $1,000, saying “$5,000 is out of whack.”

At a June 27 initial appearance hearing on the aggravated assault charge, Davis told a different judge that she had been living in Maine for the past month and a half and was a subcontractor doing demolition, landscaping and residential moving and that her brother moved up to Maine after she did.

“I’m going to live at my brother’s house,” Davis said during Tuesday’s hearing.

DeJesus is charged with reckless conduct with a firearm and aggravated assault, Class B. His bail is set at $25,000, and he remains at the Kennebec County jail.

Deputy District Attorney Paul Cavanaugh asked that bail for Davis remain at $5,000.

“The state feels the bail was set appropriately,” he said.


He said the state is concerned that Davis would flee Maine.

“This is certainly a serious matter in which she was somehow involved,” Marden said. “Officers allege in this affidavit that she may well be involved in illegal drug trade.”

He added that he was more concerned that Davis had no place to live here and no ties.

“There’s really nothing to keep her in Maine,” he said.

McBride remains jailed in lieu of $50,000 cash bail, and Tupper is being held without bail on a motion to revoke her probation. The two were arrested outside Tupper’s home in Augusta shortly after the shooting. Police said they located a 42-gram block of heroin on McBride at the time. He is charged with reckless conduct with a firearm and aggravated trafficking in heroin.

In May, Tupper pleaded guilty to unlawful trafficking in cocaine base and was sentenced to an initial 45 days in jail, which she already had served, and the remainder of the four-year sentence was suspended. She was placed on probation for two years for that offense, which occurred July 28, 2015, in Randolph.


Betty Adams — 621-5631

[email protected]

Twitter: @betadams


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