AUGUSTA — One of four people charged after gunshots erupted in the Augusta Wal-Mart parking lot this summer pleaded no contest to a reduced charge Wednesday at the Capital Judicial Center.

Diana M. Davis, 29, of Rochester, New York, and two others charged in the incident were in the same courtroom Wednesday for separate hearings at the Capital Judicial Center. Hers was the only case resolved.

Davis originally was indicted on a charge of aggravated assault in connection with June 26 events that involved shots being exchanged between people in two vehicles in the parking lot, which was then followed by an alleged shooter being attacked when he got out of one vehicle.

The fracas was broken up after armed civilian bystanders intervened.

Police said the incident was related to a dispute over money and drugs. No one was injured. However, police found shell casings in the parking lot, and at least one vehicle was struck.

Davis had been accused of causing serious bodily injury to Reginald McBride by hitting him with a firearm that day. On Wednesday, that aggravated assault charge was dismissed by the state.


Justice Robert Mullen explained that Davis’ no-contest plea to the lesser assault charge meant she would be convicted of the offense, and she said she understood.

Deputy District Attorney Paul Cavanaugh said the joint recommendation was for a 100-day jail sentence and said Davis had been held for longer at the Kennebec County jail before being freed in November on personal recognizance bail.

Cavanaugh told Mullen that Davis had no prior criminal record.

The judge said that in light of the lack of criminal record and the time she spent in jail, he would suspend the $300 fine. Davis’ attorney, William Baghdoyan, said his client just became employed and had no money.

Cavanaugh said Davis also sought contact with her brother, Frankie Dejesus, 28, also of Rochester, New York, who was indicted on a charge of attempted murder in the shooting incident.

After her case was resolved, she remained in the courtroom as her brother was brought in.


Dejesus was in court to hear his attorney, Christopher Ledwick, argue for Mullen to lower bail from the $25,000 set when Dejesus was taken into custody June 26. The judge turned down that request.

Ledwick said Dejesus has no prior criminal record and that he and his sister stayed in the parking lot after the incident and talked to police. Two other individuals fled.

Ledwick said Dejesus had been acting in self-defense after McBride began shooting a gun at him and his sister in the parking lot and then got out of the car and approached Dejesus’ car holding a loaded weapon.

“My client grabbed the gun out of his hands and his sister helped rough him up,” Ledwick said.

Ledwick said Dejesus is accused of hitting McBride with McBride’s own pistol.

Dejesus allegedly returned fire at McBride.


“Mr. Dejesus is in jail here cause he defended himself against a multi-time previous felon,” Ledwick said, adding that McBride had four firearms.

Cavanaugh argued that the $25,000 bail requirement should remain for Dejesus.

“He had New York ID. He had Massachusetts ID. He has no connection to Maine,” Cavanaugh said. “He fired at least five shots at another person in the Wal-Mart parking lot and then assaulted that other person.”

Mullen said he was concerned for public safety and ordered that bail remain as set, indicating that Dejesus is expected to go to trial at the end in late January.

McBride, 39, of Harlem, New York, also was in court for a brief hearing in which the state agreed to personal recognizance bail on the pending state charges — which include attempted murder and aggravated drug trafficking — because he was being taken into federal custody.

McBride was indicted on a federal charge of possession of a firearm by a prohibited person. McBride is likely to remain at the Kennebec County jail.


The charge carries a penalty of up to 10 years in prison and fine of up to $250,000 or both.

Betty Adams — 621-5631

[email protected]

Twitter: @betadams

Only subscribers are eligible to post comments. Please subscribe or login first for digital access. Here’s why.

Use the form below to reset your password. When you've submitted your account email, we will send an email with a reset code.