A Portland man who accidentally shot himself in the groin but told police he was robbed and shot by a homeless man at a bus stop was sentenced to nearly six years in federal prison.
Marcus Anthony Davis Jr., 35, wasn’t allowed to have a gun because he had been convicted of prior felonies and was on federal supervision for a drug offense at the time of the Jan. 8 shooting.
U.S. District Judge Karin J. Immergut sentenced Davis to five years and nine months in custody after he pleaded guilty to being a felon in possession of a firearm. The prison term was a joint recommendation by the prosecutor and defense lawyer as part of a negotiated plea deal.
The prosecutor said Davis made a dangerous choice to pick up a gun when he clearly knew he was prohibited from carrying guns.
"He paid a significant price with his physical injuries and the sentence he’s now going to receive,'' Assistant U.S. Attorney Lewis Burkhart said.
"I don’t think anything the court can say or the government can say can top the injuries he gave to himself to stop him from possessing firearms. Hopefully this is the last time we will see Mr. Davis.''
Davis was treated at a local hospital on Jan. 8.
Records showed that a single bullet traveled through the top of his penis, through his right testicle, into his upper inner right thigh and exited through his lower right thigh, according to Burkhart.
Davis claimed he had been robbed and shot by a white homeless man at a TriMet stop at Southeast Powell Boulevard and 82nd Avenue, but he couldn’t share any details about the suspect, according to the prosecutor.
Police went to the location and found no evidence of a shooting or robbery.
Officers later recovered a gun in the car of Davis’ girlfriend that was the one believed to have been involved in the shooting. The gun was hidden in Davis’ bloody clothes, according to the prosecutor.
It was a .40-caliber handgun loaded with six bullets. The gun had blood on it and a shell casing was stuck in the slide. They also discovered a gunshot hole in a black pair of sweatpants.
The gun had been reported stolen in 2018.
Based on the injuries, physical evidence, the bullet’s trajectory, the jammed shell casing and hole in Davis’ pants, police determined the injuries were self-inflicted.
“The evidence gathered showed the injuries were consistent with an accidental discharge occurring while the defendant had the gun in a pocket or waistband,’’ Burkhart wrote in a sentencing memo.
Davis, described by the prosecutor in court papers as a member of the Rolling 60s gang, was on federal supervision from a 2016 conviction for possession with intent to distribute cocaine. He has prior convictions in Multnomah County for assault and attempted murder.
“Mr. Davis has taken stock of his future,’’ Assistant Federal Defender Francesca Freccero told the judge. “He resolved his new charges very quickly."
Davis, appearing by video for the hearing, told the court he’s committed to being a "better role model and example'' for his two children.
In January, U.S. Magistrate Judge John V. Acosta granted Davis about 10 hours of temporary release so he could be present for the birth of his daughter.
Freccero said her client was deeply grateful for the temporary release. Immergut said she was impressed that Davis returned to custody on his own.
"I have to keep them and myself safe,'' Davis said of his children.
The judge imposed a two-year sentence for his supervised release violation, to run concurrently with his sentence for being felon in possession of a firearm.
"My hope, Mr. Davis, being a parent does turn your life around,'' Immergut said. "I’m banking on you to make a change.''
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